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TMI Blog2014 (8) TMI 614X X X X Extracts X X X X X X X X Extracts X X X X ..... Circular No.14/2001, dated 2.3.2001 - Held that:- admittedly, the transactions relate to a period prior to the issuance of Circular No.14/2001-Cus, dated 2.3.2001. It is beyond any cavil that as per the circular issued by the Board of Central Excise in F.No.467/21/89-Cus.V, dated 14.8.1991, which was prevailing during the relevant period, demurrage charges and despatch money do not form part of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following substantial question of law: Whether the finding of the Tribunal that the order of the Commissioner (Appeals) with regard to the period prior to 2.3.2001 holding that the demurrage charges are addable to the assessable value is not correct in the light of Board's Circular No.14/2001, dated 2.3.2001? 2. The issue as to whether the demurrage charges and despatch money is requir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spatch money are required to be added to the assessable value, held that the order of the Commissioner (Appeals), which states that demurrage charges and despatch money are required to be added to the assessable value even for the period prior to 2.3.2001, is incorrect. Aggrieved by the said order passed by the Tribunal, the Revenue has preferred this appeal raising the substantial question of law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcular by the Board. When a circular remains in operation, the Revenue is bound by it and cannot be allowed to plead that it is not valid nor that it is contrary to the terms of the statute. (2) Despite the decision of this Court, the Department cannot be permitted to take a stand contrary to the instructions issued by the Board. (3) A show cause notice and demand contrary to existing circul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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