TMI Blog2018 (2) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... eld that: - the freight element has to be restricted to 20% of the FOB value when the cost of transportation of the goods is ascertainable and the transportation is by air - appellant has paid total duty of ₹ 23, 85,494/-. The duty payable under the proviso of Rule 10 would be ₹ 15,09,938/-. Hence, the appellants have paid excess duty of ₹ 8,75,356/- - appellant is eligible for r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s) Rules, 2007, the assessable value has to be arrived by restricting the air freight component to 20% of the FOB value of the goods, the appellant pleaded for refund of differential duty, as the freight component paid on CIF basis exceeded 20% rate of FOB value. Though the appellant requested for reassessment of the Bill of Entry taking only 20% of the FOB value as freight component, the same was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... when the costs of transportation of the imported goods was ascertainable, for the purpose of adding freight element to the assessable value, only 20% of the FOB value has to be adopted in respect of the goods imported by air. 3. Ld. AR, Shri B. Balamurugan reiterated the findings in the impugned order. 4. Heard both sides. 5. For better appreciation Rule 10 (2) of the Customs Valuation ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0(2), the imported goods shall be assessed by adding 20 percentage of FOB value as air freight. The appellant has paid total duty of ₹ 23, 85,494/-. The duty payable under the proviso as stated above would be ₹ 15,09,938/-. Hence, the appellants have paid excess duty of ₹ 8,75,356/-. The Tribunal in the above stated final order dated 01.11.2017 analyzed the issue and held th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bility after limiting the freight cost to 20% of the FOB value, the matter is being remanded to the original authority. 6. Following the same, we are of the view that the appellant is eligible for refund. The impugned order rejecting the refund is set aside and the appeal is allowed with consequential relief to the appellant. (Operative part of the order pronounced in the open Court on 04 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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