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TMI Blog2018 (2) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... re [2015 (9) TMI 245 - SUPREME COURT], where it was held that a demand or duty on transaction value would be leviable in spite of ocean loss, it flies in the face of Section 23 of the Customs Act in particular, the general statutory scheme and Rules 4 and 9 of the Customs Valuation Rules. Valuation - includibility - charges that are recovered from the vessel after the arrival of goods at the In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -in-appeal No. 320 321/2008 dated 19.12.2008. 2. Heard Shri Sushant Murthy, learned Advocate for the appellant and Shri Ahibaran, leared A.R. on behalf of the department. 3. After hearing both sides, it is seen that the first issue to be determined pertains to levy of duty on liquid bulk inputs whether on the quality landed in India or the quality declared in the documents of inputs as l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above, is for the reason that the import is not complete until what has been stated above has happened. The circular dated 12th January, 2006 on which strong reliance is placed by the revenue is contrary to law. When the Tribunal has held that a demand or duty on transaction value would be leviable in spite of ocean loss, it flies in the face of Section 23 of the Customs Act in particular, the g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion value. Issue in this behalf is settled by this very Bench in the case of Commissioner of Customs, Ahmedabad v. M/s. Essar Steel Ltd., 2015 (319) E.L.T. 202 (S.C.). 5. Thus, the issue is also decided in favour of the appellant. 6. In view of the above, we set aside the impugned order and allow the appeals. 7. In the result, both the appeals are allowed with consequential relief, if ..... X X X X Extracts X X X X X X X X Extracts X X X X
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