1985 (10) TMI 194 - Commissioner - Customs

Summary

Issues:
1. Inclusion of demurrage charges in the assessable value for customs duty assessment.
2. Interpretation of Section 14 of the Customs Act, 1962 regarding demurrage charges.
3. Refund of excess duty based on demurrage charges.
4. Whether demurrage charges should be considered part of the assessable value under Section 14 of the Customs Act, 1962.

Analysis:
1. The case involved a dispute over the inclusion of demurrage charges in the assessable value for customs duty assessment. The Collector of Customs (Appeals) had issued a demand for additional duty based on demurrage charges paid by the importers. The Collector held that demurrage charges were part of the freight charges and should be included in the assessable value. The appellants contested this decision, arguing that demurrage charges were not part of the value under Section 14 of the Customs Act, 1962.

2. The appellants' submissions highlighted that the demurrage charges were incurred due to exceptional circumstances beyond their control, such as non-availability of berthing facilities. They contended that demurrage charges should not be considered as part of the price at which the goods were sold or offered for sale, as it was a separate expense arising from unforeseen circumstances. The appellants also pointed out that similar consignments from the same source did not incur demurrage charges, and the assessable value should reflect the actual transaction value.

3. During a personal hearing, the consultant for the appellants argued that demurrage charges were not related to freight charges but were paid for the time charter of the ship. He emphasized that there was no direct agreement between the importers and the ship owners regarding demurrage charges, as they were part of the time charter agreement between the shippers and the ship owners. The consultant contended that demurrage charges should not be included in the valuation under Section 14 of the Customs Act, 1962.

4. The Collector of Customs (Appeals) acknowledged that demurrage charges were not equivalent to freight charges for consigning goods and were related to the time charter of the vessel. The judgment concluded that demurrage charges should not be added to the assessable value of imported goods under Section 14 of the Customs Act, 1962. The decision to demand additional duty based on demurrage charges was deemed incorrect, and the appeal was allowed in favor of the appellants.