Demurrage Charges Excluded from Assessable Value for Customs Duty: CESTAT Rules in Favor of Importer.

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....The issue pertained to the inclusion of demurrage charges in the assessable value for payment of customs duty under the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. The Tribunal relied on the decision of the Orissa High Court in the case of Tata Steel Ltd. and Others v. Union of India and Others, wherein the High Court held that demurrage charges are not included as part of the cost envisaged by the legislation for determining the assessable value. Consequently, the Tribunal ruled that demurrage charges cannot be included in the assessable value for payment of customs duty.....