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of <h1>Shore tank out-turn quantity upheld in excise appeal</h1> <h3>COMMR. OF CUS. & C. EX., VISAKHAPATNAM Versus ADANI WILLMAR LTD.</h3> COMMR. OF CUS. & C. EX., VISAKHAPATNAM Versus ADANI WILLMAR LTD. - 2008 (227) E.L.T. 154 (Tri. - Bang.) Issues:1. Adoption of on-board ullage survey quantity vs. shore tank out-turn quantity for assessment.2. Acceptance of independent licence surveyor's report for determining shore tank out-turn quantity.Analysis:1. The primary issue in this case revolves around the contention between adopting the on-board ullage survey quantity and the shore tank out-turn quantity for assessment purposes. The appellant challenged the adoption of on-board ullage quantity, advocating for the shore tank out-turn quantity following judicial pronouncements. The Tribunal noted the Apex Court ruling in the NOCIL case, combined with the HCL case, which established that shore tank out-turn quantity should be adopted for assessment. This position was further supported by a Circular issued by CBEC, aligning with the judicial pronouncement. The Tribunal upheld the appellant's contention, deeming it legally valid and in accordance with established precedents.2. The second issue pertains to the acceptance of the independent licence surveyor's report by the Commissioner (A) for determining the shore tank out-turn quantity. The Revenue contested this acceptance, attempting to differentiate the Apex Court judgment relied upon by the Commissioner (A). However, upon hearing both sides, the Tribunal found that the main issue regarding the acceptance of shore tank out-turn quantity had been conclusively settled by the Apex Court judgment referenced by the Commissioner (A). The Tribunal affirmed the Commissioner (A)'s decision to accept the independent licence surveyor's report, noting that the evidence provided by the assessee from the surveyor was satisfactory. Consequently, the Tribunal upheld the Commissioner (A)'s order, finding no fault in the decision and rejecting the Revenue's appeal.In conclusion, the Tribunal dismissed the Revenue's appeal, affirming the acceptance of shore tank out-turn quantity for assessment purposes and upholding the decision to rely on the independent licence surveyor's report in determining the quantity. The judgment underscores the importance of following established legal precedents and judicial pronouncements in resolving disputes related to assessment methodologies in excise and customs matters.
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