9911796707
TMI Blog2023 (12) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the case are that the assessee is an Air-flight and is operating their Flight from Kolkata Airport to foreign destinations, like Dhaka during the period December, 2007 to December, 2011. While commencing journey from Kolkata Airport to abroad, the assessee has lifted duty free ATF from M/s IOCL and other oil companies and have uplifted ATF from foreign destinations for their return journey to Kolkata. The quantity of such ATF, on arrival at Kolkata Airport and before diverting such aircrafts into domestic sector for the period December, 2007 to December, 2011, was found to be 13907.68 KL . 2.1 The ATF is classifiable under CTH 27101920 and attract BCD @ 0%, CVD @ 8%, Education Cess + Secondary & Higher Secondary Cess on CVD @ 2% + 1% ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rges respectively in the assessable value of the goods determined in terms of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 as amended is not applicable in their case. 2.6 In these set of facts, a show-cause notice was issued to the assessee. The assessee has short paid duty on ATF by not paying duty on notional transportation of 20% and 1.125% as insurance charges on ATF. 2.7 The matter was adjudicated. The demand on account of short payment of duty by not including 20% of the value for transportation charges and 1.125% of the value on account of insurance charges in the assessable value was confirmed. 2.8 Therefore, the demand was confirmed along with interest and penalty of Rs.2.00 Crores was also impose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is imposable. 5. On the other hand, the ld.A.R. for the Revenue, supported the impugned order and submits that the ld.Commissioner has failed in arising by not confiscating remnant ATF. 6. Heard both the parties and considered the submissions. 7. We find that the issue which is to be decided by us is whether the transportation charges in terms of Rule 10 (b) of the Valuation Rules, 2007, are to be includable in the assessable value or not. The said issue has been examined by the Larger Bench of this Tribunal in the assessee's own case (supra), wherein this Tribunal has held as under : "48. It is not in dispute that the appellant has discharged the duty liability on the price of remnant ATF for more than a decade treating it to be impo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
