9911796707
TMI Blog2007 (6) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant. Shri M.K.A.K. Mohiddin, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. The appellants had filed a Bill of Entry dated 26-9-2003 for clearance of a consignment of Rock Phosphate imported by them. The proper officer of Customs accepted the transaction value (US $ 50.2 per MT) and, accordingly, assessed the Bill of Entry finally. The goods were cleared on paym ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a letter dated 21-11-2003, the assessee had complained to the Dy. Commissioner of Customs that quantity discount, quality discount and dispatch earning had not been considered for deduction in the assessment. It is also asserted that a refund claim was filed with the Dy. Commissioner, but the same was not considered. The appellants pray for the above deductions from the declared value and for cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich was not considered by the lower authorities. We do not find merit in this argument inasmuch as the MoU, now referred to by the appellants, was not placed before the assessing authority or even before the first appellate authority. We have perused this document and we find that, though it contains a provision for quantity discount, it is silent on what are called quality discount and dispat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be applicable inasmuch as, in that case, the issue considered by the court was whether this Tribunal had jurisdiction to examine a question of law (not raised before the lower authorities nor before the Tribunal) arising from facts already found by the lower authorities. In the instant case, when the assessment was made, no claim for any deduction had been made by the assessee. Whether the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The payment of duty assessed is in order. Consequently, the appellants cannot claim refund. In this connection, it is also noticed that no proper refund claim was filed by the party. A letter dated 31-3-2004 submitted by them to the Dy. Commissioner of Customs indicates that they had authorized their clearing and forwarding agents to file refund claim. There is no material to indicate that any suc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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