2007 (6) TMI 54

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..... nd accordingly demand were made along with penalty - Held that the contention is not correct and set aside
[Order per : M. Veeraiyan, Member (T)]. - This is an appeal by Department against the order of the Commissioner (Appeals) No. 224/2003(71- KDL)/Customs/Commr(A)/AHD, dated 29-8-2003. 2. Heard both the sides. 3. The relevant facts, in brief, are as follows: - (a) The appellant requested .....

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..... dment sought for. 4. Commissioner (Appeals) has upheld the price of US $ 168.39 per MT for fuel oil amounting to Rs. 7,914/- and US $ 247.76 per MT for diesel oil amounting to Rs. 11,645/- by relying on IOC circular dated 7-3-2001 and also taking into account the actual remittance made by the hirer for "bunker consumption price". 5. Learned SDR reiterates that order of the original authority uph .....

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..... mporaneous import price and sought for amending the value on the lower side. Commissioner (Appeals) has relied on the contemporaneous import price by M/s. IOC vide IOC Circular dated 7-3-2001. While accepting import price by IOC, he has also taken into account further facts and evidences which indicated the estimated bunker consumption price as US $ 45,000 during the entire period of hire. 7. In .....

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