2015 (10) TMI 1772

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....2 is to be charged on the invoice value or on the basis of quantity of goods received in the shore tank in the cases of import of bulk liquid cargo as claimed by the Appellant. The other issue is addition of duty computed under the Finance Act for arriving at the value for the purpose of determining the Additional Duty of Customs under Section 3 of the Customs Tariff Act, 1975. 3. We find that the Tribunal in the case of Hindustan Petroleum Corporation Ltd Vs CC Kandla   2012 (384) ELT 534 (Tri-Ahmd), decided both the issues against the importer/appellant. For the purpose of proper appreciation of the case, the relevant portions of the said decision are reproduced below:- "7. We find that the transaction between the appellant an....

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....ty chargeable under Section 3 of the Customs Tariff Act, 1975, the same will not imply that the goods will also he exempted from payment of additional duty chargeable under Section 116 of the Finance Act. This additional duty computed under the Finance Act has to be included in the value of the goods for arriving at the value for the purpose of determining the Additional Duty of Customs under Section 3 of the Customs Tariff Act, 1975. As rightly pointed out by the appellant, the charging section for the Additional duty of Customs is Section 3 of the Tariff Act. Sub-section (2) of the same Act stipulates the mechanism for arriving at the value of the goods, which are liable to such duly. Relevant portion of Section 3(2) of the Customs Tariff....