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of <h1>Tribunal Overturns Loading Percentage Increase on Imported Goods Due to Valuation Discrepancies</h1> <h3>M/s. Murugappa Morgan Thermal Ceramics Ltd. Versus CC, Chennai</h3> M/s. Murugappa Morgan Thermal Ceramics Ltd. Versus CC, Chennai - 2016 (343) E.L.T. 1189 (Tri. - Chennai) Issues: Valuation of imported goods under project imports.Analysis:The appellant imported metallic cartons and empty bent cartons for the manufacture of 'Z' Blocks under project imports for the Naptha Cracker Project. The adjudicating authority dropped the proceedings and ordered a refund, which was appealed by the Revenue. The Commissioner (Appeals) set aside the original order and allowed the Revenue's appeal. The appellant argued that the Commissioner did not provide detailed findings and enhanced the loading percentage without justification. The Ld. AR supported the Commissioner's decision, emphasizing the involvement of three entities and the correct calculation of the final product cost. The Tribunal analyzed the issue of valuation and found discrepancies in the Commissioner's decision. They examined the contract agreements between the parties, specifically highlighting the clause requiring a 10% commission on direct sales of final products. The Tribunal noted that there were no direct sales involved and concluded that the loading of 14.8% by the Commissioner was unjustified. Therefore, the impugned order was set aside, and the appeal was allowed.
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