2024 (1) TMI 711 - SCH - Customs

Classification of imported goods - Oil contained in the Bunker Tanks in the Engine Room/Outside Engine Room of Vessel imported for breaking up - to be assessed independently of the vessel under CTH 2710 or with the Vessel imported for breaking up under CTH 8908 00 00? - HELD THAT - This Court by order dated 05.04.2023 2023 (4) TMI 1250 - SC ORDER has disposed of the appeals filed by the revenue by observing that oil is to be assessed as part of the Ship. The present appeal which arises out of same common order would not survive for consideration - appeal disposed off.

Summary

Issues: Appeal against order of Customs Excise and Service Tax Appellate Tribunal regarding assessment of oil in bunker tanks of vessels to be scrapped.

Summary:
The Supreme Court considered the appeal filed by the Revenue against the order of the Customs Excise and Service Tax Appellate Tribunal (CESTAT) regarding the assessment of oil in the bunker tanks of vessels to be scrapped. The impugned order was passed on the basis that a similar issue had been decided against the Revenue in a previous appeal. The Court noted that the CESTAT had previously ruled differently on the assessment of oil in similar cases. After considering the submissions and previous orders, the Court upheld the view expressed in the recent orders of CESTAT, stating that the oil is to be assessed as part of the ship. Consequently, the Revenue's appeals were dismissed based on the Court's assessment of the situation. The Court, in line with a previous order, concluded that the present appeal arising from the same common order was not viable for further consideration and disposed of the appeal accordingly. Any pending applications were also disposed of by the Court.