JUDGMENT

D.K. Jain, J. —

I.A. Nos.3 and 4 of 2005

1. In the absence of any resistance, both the applications are allowed and the additional documents are taken on record. Applications stand disposed of.

2. Delay condoned.

3. This civil appeal under Section 130E of the Customs Act, 1962 (for short “the Act”) is directed against order dated 2nd February 2005, passed by the Customs, Excise and Service Tax Appellate Tribunal (for short “the Tribunal”), whereby the appeal preferred by the appellant herein has been dismissed, confirming the levy of additional customs duty by virtue of the final assessment order passed by the Deputy Commissioner (Customs), Bhavnagar on 28th August 2000.

4. Shorn of unnecessary details, the facts, material for the adjudication of the present appeal, may be stated as follows:

M/S Chaudhary Ship Breakers, the appellant before us,imported an old vessel for demolition purpose under Memorandum of Agreement (for short “MOA”) dated 19th November 1997 with Standard Marine Trading Inc., New York on “as is where is” basis. As per the said MOA, the total purchase price of the vessel was agreed at US $ 992887.20 at the rate of US $ 172 per long ton. The Light Displacem