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of <h1>Appellate Tribunal rules on imported goods valuation, excludes Ship Demurrage charges pre-26-9-2006. War Risk Insurance Premium included.</h1> <h3>MANGALORE REFINERY & PETROCHEM. LTD. Versus CC, MANGALORE</h3> MANGALORE REFINERY & PETROCHEM. LTD. Versus CC, MANGALORE - 2009 (233) E.L.T. 528 (Tri. - Bang.) RoM allowed for non-consideration of several grounds in Final Order Nos. 1677-1713/2006 and fresh findings were given. Valuation is to be based on Transaction Value; accordingly a claim for deduction for Bottom Sludge and Water (BS&W) and Free Water is rejected as irrelevant to transaction-value valuation. Relying on the ratio in Shine Petroleum, the Tribunal holds that 'demurrage charges cannot be added for the period prior to 26-9-2006' and therefore Ship Demurrage charges are not includible for the appeals here (all relating to the period prior to 26-9-2006). The applicant failed to identify authority entitling deduction for War Risk Insurance Premium; consequently the War Risk Premium, like other insurance, is 'liable to be included in the assessable value.' These findings are to be applied by the concerned authority in re-quantification or in any de novo proceedings to determine assessable value.
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