2007 (11) TMI 210 - AT - Customs

Assessment of bulk liquid cargo which is crude oil - It is now well settled that the assessment has to be done on the basis of the shore tank quantity not on basis of ship ullage report - in terms of the various decisions & board s instruction, even before assessments were finalized, assessee contended that duty should be paid only on the basis of shore tank quantity so, they filed refund claim so refund can t be denied by stating that assessee hadn t challenged assessment

Summary

Issues:
Assessment of bulk liquid cargo based on shore tank quantity, duty liability determination, refund claim eligibility, challenge to assessment for refund claim.

Analysis:
- The appeals involved the assessment of bulk liquid cargo, specifically crude oil, and the question of duty payment based on shore tank quantity or ship ullage report.
- In the first two cases, the Respondents paid duty based on shore tank quantity, while in the other case, they initially paid based on ship ullage report but later claimed a refund following Board's instructions.
- The Commissioner (A) set aside the demand for differential duty in favor of the Respondents in Orders-in-Appeal 4 & 5/2006, and allowed the refund claim in OIA Nos. 6 & 7/2006 after considering various judicial decisions and the Apex Court's ruling.
- Revenue contended that duty should have been discharged based on ship ullage quantity before the Board's instruction of 24-6-2003, citing relevant case law.
- The learned Advocate for the Respondent argued that shore tank quantity should be used for assessment, supported by various case laws.
- The Commissioner (A) concluded that assessment of bulk liquid cargo should be based on shore tank quantity, and the Respondents were entitled to the refund claim, rejecting Revenue's grounds of appeal.

- The Commissioner (A) found that the Respondents had challenged the assessment by filing refund claims based on shore tank quantity, even though the refund papers were initially returned by the department.
- The Commissioner (A) relied on judicial decisions and Board's circulars, following the Apex Court's decision, to support the assessment based on shore tank quantity for customs duty.
- Ultimately, the Tribunal rejected Revenue's appeals, upholding the Commissioner (A)'s decision in favor of the Respondents regarding the assessment method and refund eligibility for bulk liquid cargo.

This detailed analysis of the judgment highlights the key issues, arguments presented by both parties, relevant legal principles, and the final decision of the Tribunal in favor of the Respondents.