2004 (3) TMI 547 - AT - Customs

CESTAT rules on duty calculation for imported vessel valuation, transport, handling, insurance costs included.

The Appellate Tribunal CESTAT, Mumbai, ruled in a case concerning the valuation of an imported vessel for duty calculation. The Tribunal held that the ... Valuation - Transaction value Issues: Valuation of imported vessel for duty calculationIn this judgment by the Appellate Tribunal CESTAT, Mumbai, the issue involved the valuation of an imported vessel for duty calculation. The case revolved around the purchase of a ship for Rs. 11,63,00,000/- by the respondents engaged in ship breaking. The declared value in the bill of entry was contested, leading to a reassessment under Rule 4 of the Customs Valuation Rules, 1988. The main contention was regarding the inclusion of costs of freight and insurance incurred in transporting the vessel from one port to another.Detailed Analysis:The respondents, involved in ship breaking, purchased a vessel and filed a bill of entry for its clearance at a different port. The initial assessment of duty was done without considering the costs of transport and insurance from the original port to the final destination. Subsequently, upon furnishing these details, the duty was reassessed at a lower value. The importers then appealed, arguing that duty should be charged based on the actual auction price plus landing charges, leading to a claim for a refund of excess duty paid.The Commissioner (Appeals) relied on a previous Tribunal order, affirmed by the Apex Court, to determine the correct valuation method for the ship. The Commissioner concluded that the auction price plus 1% landing charges should be the basis for duty calculation. This decision resulted in setting aside the initial adjudication order and directing a refund, prompting an appeal by the Revenue.During the appeal process, the respondents did not appear, and the Tribunal examined the records and arguments presented by the Revenue. The Tribunal agreed with the department's argument that the costs of transport, handling charges, and insurance should be included in the transaction value as per Rule 9 of the Valuation Rules. It was highlighted that the previous Tribunal order cited by the Commissioner was not directly applicable to the current case, as the inclusion of freight and insurance charges was not the central issue in the earlier ruling.The Tribunal emphasized that since the vessel was considered 'imported at Alang' where the final bill of entry was filed, the costs of transport and insurance from the original port to Alang should be factored into the transaction value. Consequently, the impugned order was set aside, and the appeal by the Revenue was allowed, indicating that the duty calculation should account for all relevant costs incurred in transporting the vessel to its final destination.