2024 (1) TMI 1175 - SCH - Customs

Supreme Court of India dismisses appeal in ship breaking case, upholds prior order, resolves all pending applications.

The SC of India dismissed the appeal in the case between M/s. Mahalaxmi Ship Breaking Corp. and the Commissioner of Customs Bhavnagar, adhering to a prior ... Valuation - Oil in the Bunker Tanks of the Engine Room/outside the Engine Room of the vessels sent for being broken up, are to be assessed separately or as part of the vessels to be scrapped? - HELD THAT:- The impugned order (sic) cannot be sustained in view of the order of this Court in M/S MAHALAXMI SHIP BREAKING CORP. ETC. VERSUS COMMISSIONER OF CUSTOMS BHAVNAGAR [2023 (4) TMI 1250 - SC ORDER] where it was held that In the appeals preferred by the Revenue, which are directed against the orders of the CESTAT in NAVYUG SHIP BREAKING CO., DHAN STEELS PRIVATE LIMITED. AND OTHERS VERSUS C.C., JAMNAGAR (PREV) [2022 (12) TMI 100 - CESTAT AHMEDABAD], the CESTAT ruled that the oil is to be assessed as part of the Ship. Appeal dismissed. The Supreme Court of India in the case of M/s. Mahalaxmi Ship Breaking Corp. v. Commissioner of Customs Bhavnagar dismissed the appeal, citing a previous court order. All pending applications were disposed of.