Judgment : R. Sudhakar, J. 1. The Revenue has filed this appeal aggrieved against the Final Order No.771 to 775 of 2003, dated 23.9.2003, passed by the Customs, Excise and Service Tax Appellate Tribunal (for brevity, “the Tribunal”) and the same was admitted on the following substantial question of law: “Whether the finding of the Tribunal that the order of the Commissioner (Appeals) with regard to the period prior to 2.3.2001 holding that the demurrage charges are addable to the assessable value is not correct in the light of Board's Circular No.14/2001, dated 2.3.2001?” 2. The issue as to whether the demurrage charges and despatch money is required to be added to the assessable value was considered by the Tribunal in the present case relating to import of Copper Concentrate by the first respondent/assessee. The Tribunal relied upon a Larger Bench decision in Indian Oil Corporation v. CC, Calcutta, 2000 (122) ELT 615, wherein it was held that demurrage charge incurred by oil companies is not required to be included in the assessable value of the crude petroleum oil and other petroleum products. The Tribunal after referring to the earlier circular issued by the Board of Central Excise in F.No.467/21/89-Cus.V, dated 14.8.1991, wherein it was held that demurrage charges and despatch money may not form a part of the assessable value, and the subsequent circular No.14/2001-Cus, dated 2.3.2001, which states that demurrage charges and despatch money are required to be added to the assessable value, held that the order of the Commissioner (Appeals), which states that demurrage charges and despatch money are required to be added to the assessable value even for the period prior to 2.3.2001, is incorrect. Aggrieved by the said order passed by the Tribunal, the Revenue has preferred this appeal raising the substantial question of law, referred supra. 3. We have heard the learned counsel on either side and perused the order passed by the Tribunal and the authorities below, apart from the relevant circulars. 4. Mr.Parthasarathy, learned counsel appearing for the assessee submits that the appeal filed by the Department as against the decision in Indian Oil Corporation v. CC, Calcutta, 2000 (122) ELT 615, was dismissed by the Supreme Court in Commissioner of Customs, Calcutta v. Indian Oil Corporation Ltd., 2004 (165) ELT 257 (SC) and it has also been held in paragraph (12) of the said decision as under: “12. The principles laid down by all these decisions are: (1) Although a circular is not binding on a Court or an assessee, it is not open to the Revenue to raise the contention that is contrary to a binding circular by the Board. When a circular remains in operation, the Revenue is bound by it and cannot be allowed to plead that it is not valid nor that it is contrary to the terms of the statute. (2) Despite the decision of this Court, the Department cannot be permitted to take a stand contrary to the instructions issued by the Board. (3) A show cause notice and demand contrary to existing circulars of the Board are ab initio bad. (4) It is not open to the Revenue to advance an argument or file an appeal contrary to the circulars.” 5. In the case on hand, admittedly, the transactions relate to a period prior to the issuance of Circular No.14/2001-Cus, dated 2.3.2001. It is beyond any cavil that as per the circular issued by the Board of Central Excise in F.No.467/21/89-Cus.V, dated 14.8.1991, which was prevailing during the relevant period, demurrage charges and despatch money do not form part of the assessable value. In the light of the decision of the Supreme Court in Indian Oil Corporation Ltd. case, referred to supra, the Department cannot be permitted to take a stand contrary to the instructions of the Board. For the foregoing reasons, this appeal is dismissed and the substantial question of law is answered against the Revenue. No costs.