2018 (2) TMI 1134

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....an, AC (AR) - For the Respondent ORDER 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/-. Thereafte....

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.... goods) Rules.2007, the cost of transport of 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. ....

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....ortation and shall include - (a) the cost of transport 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 ascert....

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....on the aspect of quantum of freight cost that will require to be added. It is a fact 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....