9911796707
TMI Blog2012 (6) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... l duty imposed. See Mangalore Refinery & Petrochem Limited vs CCE (2006 (2) TMI 518 - CESTAT, BANGALORE)- Decided in favor of assessee - C/10 to 20/2006 - - - Dated:- 30-5-2012 - Mr.M.V. Ravindran, Mr. B.S.V. Murthy, JJ. Shri Anand Nainawati, Adv.: for Assessee. Shri J.S. Negi, A.R.: for the Revenue. Per: M.V. Ravindran: All these appeals are filed by the Revenue against the order in appeal Nos. 107 to 117/JMN/2006 dated 29.6.2006. 2. The relevant facts that arise for our consideration is that the respondent assessee herein had imported several consignments of furnace oil during the period 2001-2002 and duty was paid on the basis of Bill of Lading, Invoice value and Ullage report where the quantity was express ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 06 (205) ELT 753 (Tri. Bang.), wherein it has been held that, irrespective of the quantity received in the port, the duty liability has to be discharged based upon the transaction value i.e. the invoice value. 5. We have considered the submissions made at length by both sides and perused the records. 6. The issue involved in this case is whether the respondent assessee has correctly discharged the customs duty on the furnace oil imported during the period in question. We find that it is not in dispute that the respondent assessee has discharged the customs duty based upon the transaction value entered by them with the supplier of the furnace oil. This custom duty has been discharged by the respondent assessee on the invoices which a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The quality and quantity as determined by the independent surveyor at Load Port basis shore tank and Discharge Port basis ship s tank shall be final and binding So, the absolute price actually paid in each case covered the variations (as alleged in the ground of appeal) because such variations were not in accordance with the terms of contracts. (The contract has no stipulation to honour Departmentally tested density.) In these circumstances, there is no alternative but to accept the transaction value as evidenced by the total invoice price. It is notable in this regard the phrase irrespective of quantity ascertained through shore tank measurement or any other manner in the above-referred CBEC Circular. 6. It is notable that the purch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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