9911796707
TMI Blog2008 (4) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... , Sr. Advocate and T. Bashyam, Advocate, for the Appellant. S/Shri R.P. Raheja, JCDR and K. Sambi Reddi, JDR, for the Respondent. [Order per: T.K. Jayaraman, Member (T)]. - The details of the appeals are furnished below.:- Sl. No Name of the Party Differential Duty Penalty Order-in- Original No. Order-in- Appeal No. 1. M/s. MGM International Exports Ltd. Rs.8,70,805/- Rs. 14,74,112/- No. 02/2006 dt. 21-12-2006 No. 72/2007 dt. 28-6-2007 2. Sri Abirami Agencies Rs.1,48,829/- Rs. 1,48,829/- No. 03/2007 dt. 15-1-2007 -do- 3. M/s. Karps Petroleums Pvt. Ltd. Rs.1,44,538/- Rs. 1,44,538/- No. 02/2007 dt. 15-1-2007 -do- 2. All these appeals have been filed against a common Order-in-Appeal No. 72/2007 dated 28-6-2007 pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble value under Customs law. The decisions so far being on the applicability (or) otherwise of Board's Circular on the issue. In view of the stated position, the question of applying the ratios of the case laws cited by the appellants did not arise. At present, the views expressed by the Board vide its circular No. 14/2001 dated 2-3-2001 read with Circular dated 20-10-2004 are the correct interpretation of law and the same is binding on the departmental officer in the absence of a contrary view/decision by the Hon'ble Supreme Court." The appellants are highly aggrieved over the issue and that they have come be fore this Tribunal for relief. 3. Shri R. Venkataraman, the learned Senior Advocate and Shri T. Bashyam, the learned Advocate, app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... include or deduct such moneys, it has been decided that 'demurrage' and 'despatch' money may not form a part of assessable value." However in 2001, the Board issued a Circular No. 14/2001 Cus. dated 2-3-2001 wherein it was clarified that "the earlier circular should not be construed as authorizing the exclusion of any ship demurrage charges paid which are required to be included in the assessable value of the goods under Section 14 of the Customs Act, 1962 by virtue of Rule 9(2) of the Customs (Valuation) Rules, 1988." It was stated in the above said circular that the earlier letter dated 14-8-1991 was issued without specifically examining the implications of Rule 9 of the Customs Valuation Rules or the GATT Valuation Rules. In terms of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... meeting dated 28-11-2005. Attention is invited to the Board letter issued vide F. No. 467/1/2002-Cus. V, dated 20th October 2004 (copy enclosed) [Not printed] on the above subject, wherein, it was conveyed that in light of the decision of the Board to file review petition before the Supreme Court of India, in the case of M/s. Indian Oil Corporation [2004 (165) E.L.T. 257 (S.C.)], all importation prior to 2-3-2001 may be kept provisional. 2. Now, in view of the Department's Review Petition in the case of Commissioner of Customs, Calcutta v. Indian Oil Corporation Limited being dismissed by the Hon'ble Supreme Court [2005 (186) E.L.T. A119 (S.C.)] all pending provisional assessments in respect of importation prior to 2-3-2001 may be finali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only extended freight. However, the present legal position is that demurrage is to be added to the cost of transportation by virtue of an amendment in the Customs Valuation Rules. In any case, since the amendment is only of recent origin, for the relevant period, we cannot hold demurrage would be includable in view of the Supreme Court's decision which affirmed the Tribunal decision in the IOC case. Even though the Supreme Court had not gone into the merit of the case, it had not set aside the finding of the Tribunal in the IOC case. In fact the decision of the Tribunal has been affirmed. In view of this fact, we have to categorically hold that the decision of the Tribunal holds the field during the relevant period. The definite clarifica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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