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themis Agencies Vs. Commissioner of Customs

themis Agencies vs Commissioner of Customs

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai Decided Sep 21, 1998
~2 min read
https://sooperkanoon.com/case/14370

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Citation
Court
Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided On
Subject
Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

themis Agencies

Respondent

Commissioner of Customs

Legal References

Reported In
(1998)(104)ELT487Tri(Mum.)bai

Excerpt

1. the appeal is directed against the impugned order of the commissioner of c.e. (appeals), mum-bai whereby he has upheld the order of the asstt. commissioner of customs, air cargo complex, directing that the interest paid on the goods for deferred payment should be added to the assessable value of the imported goods.2. when the matter was called, none is present for the appellant despite notice. we have heard shri k.l. ramteke, the ld. jdr.3. we find that the issue is relating to the question of includibility of us $ 2.25 kg. which is described in related invoices as interest charges in the assessable value of the imported goods. the claim of the appellant is that this is interest paid on deferred payment and hence should not form part of the assessable value. as against this we find that the commissioner (appeals) in the impugned order has given pertinent reason as to how this amount does not at all have the attribute a interest paid for deferred payment. it has been recorded in the order that the appellants had to pay this amount irrespective of whether the amount was paid after 120 days from the date of air way bill, or even on receipt of the impugned goods. as the commissioner (appeals) has rightly observed when the payment is made immediately on presentation of document there should be no question of payment of interest. another relevant finding of the commissioner (appeals) is that interest is normally charged in terms of percentage with reference to the value, whereas in this case it is in terms of kg. which is in the strange. in these circumstances we find that the commissioner (appeals) has correctly concluded that the amount paid at the rate of us $ 2.25 per kg. on the imported goods forms and integral part of the transaction value of the goods under section 14 of the customs act, 1962. the impugned order is upheld and the appeal is rejected.

Full Judgment

1. The appeal is directed against the impugned order of the Commissioner of C.E. (Appeals), Mum-bai whereby he has upheld the order of the Asstt. Commissioner of Customs, Air Cargo Complex, directing that the interest paid on the goods for deferred payment should be added to the assessable value of the imported goods.

2. When the matter was called, none is present for the appellant despite Notice. We have heard Shri K.L. Ramteke, the ld. JDR.3. We find that the issue is relating to the question of includibility of US $ 2.25 kg. which is described in related invoices as interest charges in the assessable value of the imported goods. The claim of the appellant is that this is interest paid on deferred payment and hence should not form part of the assessable value. As against this we find that the Commissioner (Appeals) in the impugned order has given pertinent reason as to how this amount does not at all have the attribute a interest paid for deferred payment. It has been recorded in the order that the appellants had to pay this amount irrespective of whether the amount was paid after 120 days from the date of air way bill, or even on receipt of the impugned goods. As the Commissioner (Appeals) has rightly observed when the payment is made immediately on presentation of document there should be no question of payment of interest. Another relevant finding of the Commissioner (Appeals) is that interest is normally charged in terms of percentage with reference to the value, whereas in this case it is in terms of kg. which is in the strange. In these circumstances we find that the Commissioner (Appeals) has correctly concluded that the amount paid at the rate of US $ 2.25 per kg. on the imported goods forms and integral part of the transaction value of the goods under Section 14 of the Customs Act, 1962. The impugned order is upheld and the appeal is rejected.

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