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TMI Blog2017 (3) TMI 284X X X X Extracts X X X X X X X X Extracts X X X X ..... e tank? - Held that: - the issue is squarely covered in favor of the appellant by the decision of the Supreme Court in appellant's own case Mangalore Refinery And Petrochemicals Ltd. Versus Commissioner of Customs, Mangalore [2015 (9) TMI 245 - SUPREME COURT], where it was held that Quantity actually received into shore tank in port in India should be the basis for payment of Customs duty. Quantit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Briefly the facts of the present case are that the appellant had imported crude oil and filed Bill of Entry for assessment and warehoused the same. The said Bill of Entry was assessed provisionally on execution of P.D. Bond pending production of original documents. On scrutiny of the documents filed by the appellant in connection with the finalization of provisional assessment of the said cargo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9.3.2005. Hence, the present appeal. 3. Heard both the parties and perused the records. 4. The preliminary issue involved in this case is whether the crude oil imported by the appellant was liable to be assessed on the transaction value under Section 14 on the basis of Bill of Lading quantities or whether the duty is required to be assessed on the basis of crude oil pumped into the shore tan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on such quantity received in the shore tank. He also prayed that customs duty should be re-determined by adopting the shore tank quantity as opposed to the Bill of Lading quantity of 84170.237 MTs. 5. On the other hand, the learned AR fairly conceded with the judgment of the Hon ble Apex Court rendered in appellant s own case. 6. After considering the submissions of both the parties, we are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asure for levy of Customs duty in Section 12 ibid and Rules 4 and 9 of Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 stipulate value at the time and place of importation - Customs duty had to be paid either at specific rate or ad valorem, immaterial. [paras 15, 16, 17, 18] . 6.1 Following the ratio of the apex court, we allow the appeal of the appellant and direct t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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