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Issues: Whether demurrage charges payable on imported goods under a CIF contract were includible in the assessable value for customs duty purposes for the relevant period.
Analysis: The Tribunal noted that the controversy had been addressed in earlier precedent and that the Board had issued differing circulars over time. It held that, for the relevant period, the later clarification issued in 2006 could not be applied retrospectively to enlarge the assessable value. The Tribunal treated the earlier position, as affirmed in the existing precedent, as governing the imports in question and concluded that demurrage charges were not liable to be added for that period.
Conclusion: The inclusion of demurrage charges in the assessable value was rejected for the relevant period, and the demand and penalty orders were set aside in favour of the assessee.
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