Circular No. 05/2006-Customs Duty, Dated; 12th January, 2006

Circular No. 05/2006

F.No.467/79/2005-Cus.V

Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs

CBEC

12^th January, 2006

Sub:- Includibilty of ship demurrage charges in the assessable value – decision taken in the Chief Commissioners of Customs Conference on Valuation held at Mumbai on 1.10.05 and Board meeting dated 28.11.2005. 

Attention is invited to the Board letter issued vide F.No. 467/01/2002-Cus.V, dated 20^th October 2004 (copy enclosed) on the above subject, wherein, it was conveyed that in light of the decision of the Board to file review petition before the Supreme Court of India, in the case of M/s. Indian Oil Corporation [2004(165) ELT (SC)], all importations prior to 02.03.2001 may be kept provisional.

2. Now, in view of the Department’s Review Petition in the case of Commissioner of Customs, Calcutta, Vs. Indian Oil Corporation Limited being dismissed by the Hon’ble Supreme Court, all pending provisional assessments in respect of importation prior to 02.03.2001 may be finalized accordingly.

3. With regard to period after 02.03.2001, the matter is under consideration and clarification shall be issued in due course.