2007 (5) TMI 442

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....ni, JDR, for the Respondent. [Order per : Chittaranjan Satapathy, Member (T)]. - Heard both sides. 2. Shri J.K. Mundra, ld. C.A. appearing for the appellant states that the dispute relates to valuation of the impugned goods at the time of final assessments and involve, three components. As regards the dispute relating to inclusion of insurance charges, the amount being small, Shri Mu....

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....ies cited (supra). However, we find that the earlier circular of the Board was issued under the old (Valuation) Rules and the impugned goods were imported after new (Valuation) Rules were introduced in the year 1988. As such, the old circular has no relation   to the provisions of the new (Valuation) Rules. Accordingly, we reject the appeal of the appellants in relation to the inclusion ....

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....zation of the assessment. Hence, on this ground the Lower Authorities have not considered the claim as the appellants have not challenged inclusion of Stevedoring charges earlier. 5. We are of the view that at the time of final assessment, the Assessing officers are required to take cognizance of legal grounds taken by the appellants and hence the order passed by the Lower Authorities igno....