2007 (2) TMI 217

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....DR, for the Respondent. [Order per : M.Veeraiyan, Member (T)]. - None appeared for the appellants. Heard the learned SDR and also perused record. 2. There are a few issues involved in this appeal. The first issue is about the valuation of the vessel. 3. A vessel was purchased by the appellant on the strength of Memorandum of Agreement (MOA) dated 22-6-01 on an "as is where is basis" for t....

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....L.T. 95 (Tri.), it has been held that the valuation has to be as per the price indicated in the first MOA and therefore, the decision of the Commissioner (Appeals) is correct in law. 4. The second issue raised is regarding the dutiability on the bunker and oil. Commissioner (Appeals) has not accepted the claim of the appellant in view of the Surveyor report dated 16-7-01 which held that "vessel....

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.... denied the exemption. No grounds have been adduced to upset the above findings of the Commissioner (Appeals). 6. Regarding the issue of inclusion of landing charges, the finding of the Commissioner (Appeals) is that it is a new point which was not the subject-matter of the order-in-original. This is not factually correct as there is clear discussion and finding of the original authorities that....