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Deepak Fertilisers & Petrochemicals ... vs Commissioner Of Customs, Nhava Sheva on 5 October, 2001

Further, that Bench distinguished earlier decision rendered by a Bench of three Members of this Tribunal in Deepak Fertilizers and Petrochemicals Corporation Ltd. v. Collector of Customs - 1989 (41) E.L.T. 550 (T). The three Member Bench decided that wharfage and demurrage are not landing charges and are not to form part of the assessable value. That decision was distinguished by the two Member Bench holding that wharfage and demurrage in the case were not paid to the port authorities. They were charges for detention of vessel and so are pre-landing stage charges. Consequently, it was taken that those charges would form part of assessable value.
Customs, Excise and Gold Tribunal - Mumbai Cites 0 - Cited by 4 - Full Document
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