9911796707
TMI Blog2008 (8) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... he rate of duty, what is relevant is the rate of duty as on the date of filing of B/E and not on the date of transaction value - C/990/2003 - A/1918/2008-WZB/AHD - Dated:- 26-8-2008 - Ms. Archana Wadhwa, Member (J) and Shri B.S.V. Murthy, Member (T) Shri H. Modh, Advocate, for the Appellant. Shri S.R. Prasad, SDR, for the Respondent. [Order per : B.S.V. Murthy, Member (T)]. - The short issue involved in this appeal is as to whether the valuation of Tug "Jyotsna" imported by the appellant should be taken as on the date of importation that is 16th July, 2001 or should be adopted as on the date of filing of bill of entry as on 28th November, 2002. 2. Before we proceed further, the brief facts are explained as under: (a) T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basic customs duty 5% and SAD 4% amounting to Rs. 70,375,75/- which was paid under protest. Appeal filed by them against the bill of entry as well as duty as assessed vide bill of entry was rejected by Commissioner (Appeals) and hence the present appeal. 3. Heard both sides. 4. Learned Advocate for the appellant contended that they had already filed bill of entry on 25th July, 2001 and he was not able to inform as to what exactly happened to the bill of entry. It is the appellant's contention that the value which was finalized as transaction value on 15th July 2001, the date on which sale was finalized cannot be taken as the value as on the date of filing bill of entry. They had got revalued the ship and according to revaluation, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in release of the goods is not relevant for valuation of goods. He also submits that for determination of duty and tariff value, the date of filing of bill of entry is relevant. In support of his contention, he also relies on the decision of the Hon'ble Supreme Court of India in the case of M.S. Shoes East Ltd. v. C.C., New Delhi reported in 2007 (210) E.L.T. 641 (S.C.). He also relied upon the decision of the Larger Bench on the Tribunal in C.C., Bhavnagar v. Lucky Steel Industries and Anr. reported in 2008 (85) RLT 197 (CESTAT - LB) wherein it was held that reduction in price after importation in respect of ship imported for braking is not relevant for determination of assessable value in absence of price variation clause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l of entry, the bill of entry filed on February 2001 was for conversion of the Tug from foreign going into coastal-run and duty was paid only on ship stores and ship was not included in the description of goods imported The sale was completed in July 2001. Therefore, they could not have filed the bill of entry for clearance of the ship in February 2001. Since the appellants have paid penalty of Rs.10,000/- in question before filing bill of entry it has to be presumed that the appellant was at fault is not clearing the goods after filing bill of entry. Neither a copy of the bill of entry has been submitted by the appellants nor there is any discussion about the exact date of filing bill of entry in the record submitted by them. Even before t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
