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Issues: Whether wharfage charges, stock loss expenses and demurrage charges were liable to be included in the assessable value of imported goods for customs valuation.
Analysis: The appeals were disposed of by following an earlier Tribunal order on the same issue. The reasoning accepted that a high seas sale before importation could constitute the transaction value for valuation purposes, but held that not every amount collected by the seller formed part of the value under Section 14 of the Customs Act and Rule 4 of the Customs (Valuation) Rules, 1988. Wharfage charges and stock loss expenses were treated as part of landing charges already accounted for by the existing valuation addition, while demurrage charges were held not to form part of the value of the goods.
Conclusion: The disputed charges were not includible in the customs assessable value, and the Revenue appeals failed.