2019 (10) TMI 336 - AT - Customs

Valuation of imported goods - inclusion of the ship demurrage charges incurred by the appellant in the assessable value - Section 14 of the Customs Act - HELD THAT - The Hon ble High Court of Orissa in the case of Tata Steels 2019 (10) TMI 226 - ORISSA HIGH COURT has declared the proviso to Rule 10 (2) of the Valuation Rules to be ultra virus. Revenue has not brought any ruling contrary to the judgement of Hon ble High Court of Orissa wherein the proviso appended to Section 10 (2) of the Valuation Rules has been struck down. The impugned order is not sustainable - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Inclusion of ship demurrage charges in the assessable value of imported goods under the Customs Act, 1962.

Analysis:
1. The appellant challenged the order confirming the demand raised against them for ship demurrage charges not declared for determining the assessable value of imported goods. The Adjudicating Authority upheld the demand, penalties, and interest under the Customs Act, 1962.

2. The appellant, engaged in the supply of organic chemicals, imported goods based on CIF terms. Demurrage charges were incurred for delays in unloading beyond the lay time, payable to the shipping lines after importation.

3. The Directorate of Revenue Intelligence conducted an inquiry, and the Adjudicating Authority confirmed the demand, citing Rule 10(2) of Valuation Rules, imposing penalties and interest.

4. The appellant argued that demurrage charges should not be included in the assessable value under Section 14 of the Customs Act, citing various legal precedents and the post-importation nature of demurrage charges.

5. The appellant contended that the amendments to Section 14 of the Customs Act did not include demurrage charges, and the Explanation in Rule 10(2) of Valuation Rules was unsustainable, referencing relevant case laws.

6. The appellant highlighted conflicting views on demurrage charges' inclusion, citing Circulars by CBEC and arguing against the extended period of limitation for raising the demand.

7. The Tribunal considered the arguments and referred to the judgment of the Hon'ble High Court of Orissa in Tata Steels case, declaring the proviso to Rule 10(2) of Valuation Rules ultra vires.

8. Relying on the Orissa High Court's judgment, the Tribunal held the impugned order unsustainable, setting it aside and allowing the appeal with consequential benefits.

This detailed analysis covers the issues of ship demurrage charges' inclusion in the assessable value of imported goods under the Customs Act, 1962, providing a comprehensive overview of the legal arguments and judgments involved in the case.