Page 335 - ELT_15th June 2020_VOL 372_Part 6th

2020 ] SUBJECT INDEX 981
Valuation (Customs) (Contd.)
supplements not containing beef has to be determined under Rule 7 ibid
(deductive method) - Section 14 of Customs Act, 1962 — Him Logistics Pvt.
Ltd. v. Commr. of Cus., New Delhi ICD TKD Export (Tri. - Del.) ............... 109
— Freight on leftover ATF (Aviation Turbine Fuel) - As per Civil Aviation
Regulation requirements and also for safety, aircraft carries adequate
amount of fuel in its flight - Leftover ATF available in the fuel tank of
aircraft landing in India from an international trip not transported as a
cargo or goods for the purpose of freight - Admittedly, remnant fuel to be
construed as an imported item for the purpose of Customs duty but
separate freight element not to be added in the assessable value - Section
14 of Customs Act, 1962 — Commr. of Cus. (Airport & Admn.), Kolkata v. Jet Airways
(India) Ltd. (Tri. - Kolkata) ................................ 596
— Import value - Hot-rolled steel plates (non-alloy) - Enhancement of value
on basis of contemporary imports of similar goods from same supplier by
public sector unit, Mazgaon Dock Ltd. - HELD : Rigidity of contract
entered by public sector unit, lacks comparability with flexibility in
renegotiation of contract of assessee when price of steel claimed to have
declined sharply - Also Mazgaon Dock Ltd. imported ‘prime goods’
whereas as per assesee’s contract goods imported were ‘ex-stock’ and in
much higher quantity of goods - Circumstances in which Mazgaon Dock
Ltd. entered into contract with supplier and scope for flexibility arising
from declining of price of steel may have impacted contract entered into
by assessee almost year later, not considered - Mere reference to financial
mandate of contract, or enumeration of contemporaneous prices, does
not excuse assessing officer from obligation to ascertain acceptability of
claim of reduction in steel price being discernible even within a period of
contemporaneous imports - Imports by Mazgaon Dock Ltd. not to be
designated as ‘similar’ merely because of being contemporaneous - Also,
no efforts made by assessing officer to ascertain manner in which alleged
undervaluation compensated to such extent as to warrant adoption of
value almost double that of declared value - Such excess undervaluation,
as alleged, ought to have been subject to serious investigation and
appropriate penalties imposed - Exercise of enhancement of value so
undertaken without sufficient evidence on hand - Impugned order set
aside - Section 14 of Customs Act, 1962 — Turakhia Ferromet Pvt. Ltd. v. Commr.
of Cus. (Import), Mumbai (Tri. - Mumbai) ......................... 279
— It has to be equal for all purposes under Customs Act, 1962 - It is not
permissible to have ‘nil’ for assessment of Bills of Entry and different
value for redemption of goods — S. Muthusamy v. Addl. Director General (Adj.),
D.R.I., Mumbai (Tri. - Mumbai) ............................. 849
— Rates of duty and tariff valuation - Shipping vessel imported in 2012 and
bill of entry for regularisation of import filed in 2018 - Petitioner
contesting assessment/re-assessment of vessel to Customs duties under
Section 17 of Customs Act, 1962 at tax prevalent in 2018 despite fact that
vessel imported on 28-5-2012 when Customs duties applicable were ‘nil’
and integrated tax in terms of Section 3(7) of Customs Tariff Act, 1975 not
introduced - HELD : Whether bill of entry presented before date of entry
or after date of entry, bill of entry to be deemed to have been presented
on date of actual entry inwards and said date of entry shall be reckoned
as relevant date for application of law prevalent as on that date - Law
prevalent as on date of import of vessel only be applicable - Merely
because bill of entry not filed at inception in year 2012 and manual bill of
entry filed in year 2018, duty and tax cannot be levied based on law
prevalent on date of filing of manual bill of entry - Duties, being ‘nil’ at
time of import in May, 2012, and integrated tax in terms of Section 3(7)
EXCISE LAW TIMES  15th June 2020  335