The CESTAT held that for valuation of bunker fuel consumed ...

Coastal bunker fuel valuation: Adopt NIDB data, if scarce use deductive method with adjustments.

Case Laws     Customs

October 5, 2024

The CESTAT held that for valuation of bunker fuel consumed during coastal runs, the NIDB (National Import Database) data should be adopted as recognized by the facility notice issued by the Commissioner Bhubaneshwar. However, since the quantity of bunker consumed is small, it may be difficult to find comparable NIDB data. In such cases, the deductive method under the Customs Valuation Rules becomes relevant, allowing adjustments for quantity differences compared to contemporaneous import data in NIDB. The CESTAT remanded the matter to the original Adjudicating Authority for redetermination of assessable value using the deductive method, modifying the Commissioner (Appeal)'s order. The appeal was allowed by way of remand.

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