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Issues:
Customs duty determination based on addendum to original memorandum of agreement for purchase of vessels for scrapping; conflicting decisions by different co-ordinate Benches of the Tribunal regarding variation in value through addenda. Analysis: The appeals were filed against the order-in-appeal allowing reduction in value for customs duty determination based on the addendum to the original memorandum of agreement for the purchase of vessels for scrapping. The department argued that various orders by different Benches of the Tribunal had held that variations in the value of vessels through addenda reducing the value cannot be allowed for customs valuation. Contrary decisions by other Benches allowed variation in value based on addenda to the original memorandum of agreement in different cases. In the case of Chaudhary Ship Breakers, it was held that mutual reduction of price after import by executing an addendum to the original agreement is not acceptable. Similarly, in other cases like Chaudhary Industries and Shree Ram Steel & Rolling Industries, it was emphasized that the original agreement did not provide for reduction in price after importation into India, and any reduction post-importation should be carefully scrutinized. On the other hand, decisions in cases like Atam Manohar Ship Breakers and Jai Bharat Steel Industries allowed reduction in price through addendum as parties in contract may mutually agree to changes in the price. The learned SDR argued that the value for vessels for scrapping was determined in the original contract based on the LDT of the vessel, and in the absence of a price variation clause, no deduction in value could be allowed. Citing precedents like Malwi Ship Breaking Co. and Udyani Ship Breakers Ltd., it was highlighted that duty assessment should be based on the value prevailing at the time of importation and that abatement of duty may not be allowed if provisions under the Customs Act were not followed. Given the conflicting views expressed by different Benches of the Tribunal on allowing price variation based on addenda to MoA, the matter was deemed to require referral to a Larger Bench to resolve the conflict. The decision was made to place the matter before the Hon'ble President for constituting a Larger Bench to address the conflicting decisions and provide clarity on the issue of customs valuation based on addenda to the original memorandum of agreement.
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