2011 (8) TMI 899

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..... Kang 1. Heard both sides. 2. Revenue filed this appeal against the impugned order passed by the Commissioner (Appeals). The Commissioner (Appeals) in the impugned order held that ship demurrage charges are not to be included in the assessable value of the goods. In the present proceedings, the goods were imported in August 2001. The respondent brought to our notice of the following decisio....

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.... that in the above decisions the Tribunal held that the ship demurrage charges are not to be included in the assessable value of the goods prior to 26/09/2006 as the Board Circular No26/2009-Cus dated 26/09/2006 has no retrospective effects. The contention is that it is only in 20/06/96 the Revenue issued the above circular clarifying that the ship demurrage charges are to be included in the asses....

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....9 (SC). The Revenue is relying upon the Board Circular dated 02/03/2001 to submit that the ship demurrage charges are to be included in the assessable value of the goods. 5. We find that the Larger Bench of the Tribunal in the case of Indian Oil Corporation supra held against the Revenue and appeal filed by the Revenue was dismissed by the Hon'ble Supreme Court. The decision of the Larger Bench....