TaxTMI 
TaxTMI 
2018 (2) TMI 1134
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....RDER Per: Bench The appellants are engaged in manufacturing motor vehicles. They imported cars from M/s. Kia Motors Corporation, Korea and filed Bill of Entry dated 12.01.2010, declaring the value of the goods on CIF basis. The goods were allowed for clearance based on the Bill of Entry. The appellants paid total Customs duty of Rs. 25,85,494/-. Thereafter, on the ground that as per Rule 10(2) o....
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....f the imported goods shall not exceed 20% freight on FOB value of the goods. The amount of duty paid by the appellant exceeds the said 20%. Consequently, the appellants are eligible for refund of excess duty of Rs. 8,75,356/- erroneously paid by them. He submitted that the said issue stands settled by the Tribunal in the case of Tecno Doors Pvt. Ltd. Vs. CC (Air), Chennai vide Final Order no.42720....
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....sport of the imported goods to the place of importation; (b) loading, unloading and handling charges associated with the delivery of the imported goods at the place of importation; and (c) the cost of insurance : Provided that in the case of goods imported by air, where the cost referred to in clause (a) is ascertainable, such cost shall not exceed twenty per cent of free on board value of t....
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....t that as per the Customs Valuation Rules as in force during the material period, even when the cost of transportation of imported goods was ascertainable, for the purpose of adding freight element to form part of the assessable value only 20% of the FOB value would be adopted in respect of goods imported by air. We order accordingly. However for the limited purpose of redetermining the revised di....