2013 (8) TMI 213 - AT - Customs

Tribunal rules against throughput charges in customs valuation case.

The Tribunal concluded that the charging of up to Rs. 2000/- PMT as throughput charges was not a condition of sale between the foreign supplier and the ... Valuation of Goods - whether charging of PMT as throughput charges from the appellant was required to be included in the value of the imported goods u/s 14 r.w the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 - Held that:- The charges for transportation of the goods by barges from the mother ship at BFL to the Dharamtar Jetty cannot be added to the valuation of the imported goods for the purpose of levying customs duty - any amount collected by the revenue as duty on barge charges shall be refunded forthwith to the assessee with statutory interest from the date of payment to the date of refund - Similar view had been expressed by the court in CC Kandla vs. Indian Potash Limited (2006 (12) TMI 441 - CESTAT, AHMEDABAD ) - expenditure incurred by the importer if not a consideration between the buyer situated abroad and the importer - not required to be included in the assessable value. Penalty – Held that:- The case goes in assessee’s favour - there was no question of imposing penalties and the same were set aside – decided in favour of assessee. Issues:1. Whether charging of up to Rs. 2000/- PMT as throughput charges from the appellant is required to be included in the value of the imported goods under Section 14 of the Customs Act, 1962 read with the Customs Valuation Rules, 2007.Analysis:The judgment involves appeals filed against the OIO passed by the Commissioner of Customs (Preventive), Jamnagar. The appellants imported LPG mixture and stored it at a facility through a pipeline. The issue at hand is whether the charging of up to Rs. 2000/- PMT as throughput charges should be included in the value of the imported goods. The appellants argued that the throughput facility usage is not a condition of sale between the foreign sellers and Indian buyers. They contended that the charges are post-importation expenditure and should not be added to the assessable value. The appellants also raised concerns about the time-barred demand, disputed the amount of charges, and asserted that penalties should not be imposed.The Customs Valuation Rules, 2007 state that all payments made as a condition of sale of imported goods must be included in the transaction value. The judgment referred to previous cases to determine whether the throughput charges should be added to the assessable value. It was established that if the charges are not part of the agreement between the foreign seller and the importer, they need not be included in the assessable value. The judgment cited cases where charges for transportation of goods were not added to the valuation if not agreed upon between the parties involved. It was clarified that expenses incurred post-importation, not part of the sale agreement, do not need to be added to the transaction value.Ultimately, the Tribunal concluded that the throughput charges were not a condition of sale between the foreign supplier and the importer. Therefore, these charges should not be added to the transaction value under Section 14 of the Customs Act, 1962. The appeals were allowed, the original order was set aside, and penalties imposed on the appellants were revoked. The judgment emphasized that charges incurred post-importation, not forming part of the sale agreement, should not be included in the assessable value of imported goods.