9911796707
TMI Blog2024 (10) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... ult to find NIDB data for comparable quantities. In that regard the appellant s demand of adoption of deductive method under rule of custom valuation rules become relevant. The revenue is free to adopt the re deductive method for assessment prescribed under custom valuation rules to make adjustment for the different in the quantities of bunker consumed vise a vise the contemporaneous import noticed in the NIDB data. With this observation the order of Commissioner (Appeal) is modified and matter remanded to the original Adjudicating Authority for redetermination of assessable value - Appeal is allowed by way of remand. - HON'BLE MEMBER ( JUDICIAL ) , MR. RAMESH NAIR And HON'BLE MEMBER ( TECHNICAL ) , MR. RAJU Shri Hardik Modh , Adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... declared at the time of conversation of vessel to coastal run. The said amount 360 words of hardener was however, declared in the IGM filed at the time of conversion to coastal run. The vessel was converted from coastal run to foreign run on 06.06.2018 and inventory of bunker was again taken. At Gangavaram port quantity of different items at the time of conversion from foreign to coastal run and at the time of reversion from coastal to foreign run was compared to ascertain the quantity of bunker consumed during the coastal run. The bill of entry was finally assessed only on the basis of actual quantity of bunker and provision consumed during the coastal run on the basis of IOCL bunker supply price i.e. price at which IOCL was supplying oil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll of Entry is 21.05.2018. Therefore, the value of contemporary import which is imported at or about same time has to be considered for valuation of present Bill-of-Entry. From the available data of contemporaneous import available on record, I'find that import made vide Bill of Entry No. 14 dated 14.05.2018 at the Custom House, Sikka, is about same time as that of the present Bill of Entry. Therefore, I am of the considered view that the present Bill of Entry is required to be assessed on the basis of Bill of Entry No. 14 dated 14.05.2018 assessed at the Custom House, Sikka. 8. In view of above, I set aside the impugned order and remand the matter pertaining to the subject appeal to the adjudicating authority, who shall reassess the Bi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tom Valuation Rules. 2.10. Learned Counsel pointed out that the Bill of Entry No. 40 dated 16.03.2018 assessed in Kandala prescribed the lowest rates for this item and that should be taken for the purpose of assessment. 2.11. He pointed out subsequently vide facility notice No. 2 of 2023 dated 10.08.2023 the Commissioner of Custom (prev.) Bhubaneshwar has prescribed as follows Para-5 of the said Facility Notice reads as under :- 5. Keeping in view the order of Commissioner (Appeals), Hon'ble CESTAT and steps taken by CBIC towards trade facilitation and ease of doing business and also in order to facilitate the trade the following guidelines are to be followed while doing Provisional Assessment as well as Final Assessment under section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant. 4.2. The appellant have contested that the said bill of entry is also assessed on the basis of IOCL price and therefore, the same cannot be adopted for the purpose of arriving at the correct valuation of the bunker consume during the coastal run. 4.3. It is seen that the facility notice issued by the Commissioner Bhubaneshwar also recognized this fact that NIDB data should be adopted for the purpose of valuation of the goods bunker consumed in the domestic. It is seen that the quantity of bunker consumed is very small and it may be difficult to find NIDB data for comparable quantities. In that regard the appellant s demand of adoption of deductive method under rule of custom valuation rules become relevant. The revenue is free to adop ..... X X X X Extracts X X X X X X X X Extracts X X X X
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