2024 (10) TMI 231

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....f the master of vessel for the bunkers intended to be used during coastal run. The said bill of entry was provisionally assessed for want of test results for the bunkers and for the set of document mentioning quantity of the bunkers and provisions on the board at the time of reversion of the vessel assessment was provisional to ascertain the actual quantity of bunkers consumed during the coastal run and actually consumed quantity of other consumable products. The inventory at the time of coastal conversion was taken. The appellant paid duty on approximate quantity of bunkers likely to be consumed during the costal run, in terms of instructions issued by CBIC vide circular No. 58 of 1997 dated 06.11.1997 and also filed provisional bond Repre....

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.... the said price includes not only price of the goods but also storage charges, transportation charges, insurance, landing cost, profit, etc of IOCL. The appellant relied on the following decisions:- CCE VS IG Petrochemicals (2006 (201) ELT 294 ( Tri. Mumbai ) CCE Noida Vs. Sanjivani Non-Ferrous Trading Pvt. Ltd. ( Civil Appeal No. 18300 - 18305 of 2017 ) OIA No. MUM-CUSTM-SXP-74/2017-18 dtd. 28.07.2017 passed by the Commissioner (Appeals), Customs, Mumbai in the case of M/s ACT Infraport Ltd. SICAL Logistics Ltd. Vs. CCE Bhubaneshwar-l (2019 (369) ELT 1104 (Tri. Kolkata) 2.4. The original Adjudicating Authority confirmed the demand and the matter was challenged before the Commissioner (Appeal) who also....

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....ssioner (Appeal) ordered assessment by adopting the price in Bill of Entry No. 14 dated 14.05.2018 assessment and custom house income without considering if it represent contemporaneous import price of similar goods. He argued that said price is based on the valuation of bunker based on IOCL price and therefore, same cannot be treated as contemporaneous import data. 2.6. Learned Counsel argued that impugned order on the one hand hold that the final assessment of the certain bill of entry required to be done on the basis of the contemporaneous import price. On the other hand it relies on bill of entry wherein the IOCL price was adopted for the purpose of valuation. 2.7. He argued that in these circumstances since there is no transactio....

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....ed to conversion of foreign run vessel to coastal run vessels and vice versa, the following points shall be adhered to : (i) Valuation of bunker supply is to be carried out at the time finalization of provisionally assessed Bills of Entry by adopting contemporaneous import price on the basis of NIDB data by following the Customs Valuation (Determination of value Imported Goods) Rules, 2007 sequentially from Rule-4 to 9 when the proper officer does not accept, the declared transaction value of the bunker supply in the Bill of Entry at the time of provisionally assessment resorted to." 3. Learned AR relies on the impugned order. 4. We have considered rival submissions. We find that the entire issue relates to the price to be ad....