2013 (12) TMI 1092 - AT - Customs

Valuation - Whether for picking up the value of new car from the parker s car guide, the element of VAT is required to be taken into consideration or not - Held that - no VAT was paid by the appellant at the time of purchase of second hand car and no such claim stands made by the appellant. The question is as to whether for arriving at the correct assessable value of the second hand car based upon the value of the new car as reflected in the Parker s guide, the element of VAT is to be included or not - appellant has produced on record certificate from the parker s guide that price of the new cars listed in the guide are recommended retail price which are inclusive of VAT and car tax. Further evidence stand placed on record that VAT during the relevant period in 1986 was 15%. As such according to declaration of law by the Tribunal, the value of new car which is required to be picked up for arriving at the value of second hand car on the basis of determination of formula has to be value exclusive of VAT of 15%. As such, we agree with the appellant appearing in person that the value of car imported by him is required to be reassessed accordingly - Decided in favour of assessee.

Summary

Issues:
Assessable value determination based on VAT inclusion for imported second-hand car.

Analysis:
The appellant imported a Mercedes Benz car from the UK on a transfer of residence basis, leading to a dispute regarding the assessable value of the car. The lower authorities calculated the assessable value based on the new car value from Parker's Car Guide, considering depreciation and other factors. The crucial issue was whether VAT should be included in determining the value of the new car from the guide.

The appellant argued that since VAT is refunded to the importer and does not form part of the car's price when imported into India, it should not be included in the assessable value. However, this argument was rejected by the lower authority, stating that VAT refund does not apply to second-hand cars. Consequently, the appellant's claim that VAT should not be part of the new car's value for assessing a second-hand car was dismissed, leading to the current appeal.

The Tribunal analyzed the submissions and clarified that the dispute did not concern VAT refund. As no VAT was paid during the purchase of the second-hand car, the focus was on whether VAT should be considered when determining the assessable value based on the new car's value in Parker's guide. Referring to a previous case, the Tribunal held that VAT included in the World Car Guide price, not applicable for exports, should not be part of the assessable value for new cars.

Moreover, the appellant provided a certificate from Parker's guide stating that new car prices include VAT and car tax, with evidence showing a 15% VAT rate during the relevant period. Following the Tribunal's legal interpretation, the value of the imported car needed reassessment excluding the 15% VAT. Consequently, the appellant's appeal was allowed, granting relief, and a directive was issued to reevaluate the car's value within three months.

In conclusion, the Tribunal's decision clarified the treatment of VAT in determining the assessable value of imported second-hand cars based on the value of new cars in guides like Parker's, ensuring a correct valuation excluding VAT as per legal precedent and evidence presented.