2011 (8) TMI 899 - AT - Customs

Ship Demurrage charges in assessable value - Held That - In view of Indian Oil Corporation (2004 -TMI - 46898 - SUPREME COURT OF INDIA) ship demurrage charges are not to be included in the assessable value of the goods prior to 26/09/2006.

Summary

Issues: Revenue appeal against inclusion of ship demurrage charges in assessable value.

Analysis:
1. The Revenue filed an appeal challenging the Commissioner (Appeals) order that ship demurrage charges should not be included in the assessable value of goods imported in August 2001. The appellant argued that prior to 26/09/2006, ship demurrage charges were not to be included in the assessable value based on various Tribunal decisions. The Revenue, however, relied on Customs Determination of Value of imported Goods Rules, 2007, stating that demurrage charges should be part of transportation and included in the assessable value.

2. The appellant cited several decisions, including Indian Oil Corporation cases, where the Tribunal held that ship demurrage charges should not be included in the assessable value of goods. The Revenue referred to a Board Circular from 2001 to support their stance. Notably, the Hon'ble Supreme Court dismissed the Revenue's appeal and review petition in the Indian Oil Corporation case, upholding the Tribunal's decision.

3. The Tribunal noted that the Larger Bench decision in the Indian Oil Corporation case was followed consistently in subsequent cases, affirming that ship demurrage charges should not be included in the assessable value of goods before 26/09/2006. Given the precedents and the dismissal of the Revenue's appeal by the Supreme Court, the Tribunal found no error in the Commissioner (Appeals) decision and dismissed the Revenue's appeal accordingly.