2007 (4) TMI 2 - SC - Customs

Valuation Appellant imported a car in 1996,BOE filed on 31-8-1996 and clearance wasgiven on 28-3-05 Dispute in the case in assessable value After considering the detail by the authority decided that transaction value declared as on the date of BOE

Summary

Issues:
Dispute over assessable value of imported car and post-import depreciation allowance.

Analysis:
The dispute in this case revolves around the assessable value of a 1993 model Rolls Royce car imported in 1996. The appellant filed the Bill of Entry for the car on 31-8-1996, questioning whether depreciation should be considered for post-import valuation. The Customs Act, 1962, specifically Section 14, mandates valuation based on the price at the time of import, with duty and tariff determined on the Bill of Entry presentation date. The Tribunal rightly held that post-import depreciation cannot be factored in, despite clearance occurring years after the filing.

The appellant's argument of a nine-year delay in releasing the car post-import holds no relevance as valuation must align with the importation time and place under Section 14 of the Customs Act. The Tribunal correctly concluded that the transaction value should reflect the situation on 31-8-1996, disregarding the time lapse between filing and assessment.

Referring to the case law of Bharat Surfactants Pvt. Ltd., it clarifies that duty and tariff valuation for imported goods are governed by Section 15(1)(a) of the Customs Act, emphasizing the significance of the Bill of Entry presentation date under Section 46. The interpretation of relevant provisions of the Customs Act underscores that valuation must occur at the importation time, i.e., the Bill of Entry presentation date.

In Commissioner of Customs, Kolkata v. J.K. Corporation, the Court emphasized that customs duty must align with the value of goods at the time of importation, excluding post-import payments for services or activities. The ruling reaffirms the principle that assessable value should be based on the conditions of sale at the time and place of importation, excluding subsequent payments or activities.

Ultimately, the Supreme Court upheld the Tribunal's decision, dismissing the appeal without costs. However, the appellant retains the option to pursue damages or other remedies against the respondents for the clearance delay. The judgment reaffirms the strict adherence to valuation principles under the Customs Act, emphasizing the importance of determining assessable value at the time of importation without considering post-import factors.