2019 (12) TMI 245

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....rted non-coking coal and Bituminous coal under various of Bills of Entry; The Bills of Entry were provisionally assessed for want of documents and test reports. The Bills of Entry were subsequently finalized and Asst. Commissioner of Customs sanctioned refunds totaling to Rs. 9,62,728/- and however credited the same to the Consumer Welfare Fund. The Asst. Commissioner held that importer could not prove the excess duty paid and thus could not satisfy the conditions of Section 18 (5) of Customs Act, 1962. The Asst. Commissioner has also held that the high sea sales value is lower than the price at which the first stage supplier had purchased the goods from overseas. Aggrieved by the orders of the Asst. Commissioner, appellants have filed appe....

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....A.R submits that it is evident that the final import value paid or payable by the appellants cannot be less than the price at which the shipper abroad sold the cargo to high sea seller. Ld. A.R also reiterates the findings of OIO. 4.1 Ld. Counsel for the respondents submits that it is not correct to say that the amounts reflected in the invoices issued by their sellers were representative of the true transaction value; in terms of the contract there was provisions for variation of the quantity and the value of the imported coal on the basis of GSV value as well as moisture content. Under these circumstances, the provisional assessments were made and on finalization, the value actually paid or payable by them should have been considered b....

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....he rival arguments, we find that respondents have discharged duty on the transaction value arrived on the basis of final quantity of coal in terms of the contract. It is not the case of the department that the respondents have paid any amount over and above such transaction value. Therefore, in terms of Section 14 of the Customs Act, 1962, the transaction value requires to be accepted as done by the Ld. Commissioner (Appeals). We also find that in terms of the above cited circular, high sea sales commission cannot be notionally arrived at 2% particularly, when there is documentary proof to that extent. We find that Ld. Commissioner (Appeals) has found as follows : "08. With respect to the issue of adding 2% as notional value for Hi....