1997 (2) TMI 101 - SC - Customs

Whether the Customs authorities have taken relevant factors into account in making the final assessment of the said plant? Held that - The letter dated 24th August, 1982, written by the Assistant Collector of Customs to the appellants intimating to them that the said contract had been registered, stated that spares to the extent of 10 per cent of the value of the main machinery were eligible for the concessional rate of assessment under Item 84.66. It goes without saying that this percentage must now be calculated on the basis of the enhanced value of the said plant. Spares to that extent would form part of the project import and must be valued on par with the said plant, that is to say that the rate of exchange which is applied in respect of the said plant must also be applied to this percentage of the spares. Appeal allowed.

Summary

Issues:
Assessment of project imports for Customs duty.

Analysis:
The judgment concerns the assessment of project imports for Customs duty. The case involved a contract for the purchase of manufacturing equipment for a specific project. The appellants applied for registration of the contract under the Project Import Registration of Contract Regulations, 1965. The Customs authorities conducted a provisional assessment at the registration stage. The dispute arose regarding the final assessment of the plant's value. The appellants argued that the value determined at registration should be final unless there was an error or an item fell outside the project scope. However, the Court held that Customs authorities could make a final assessment considering all relevant factors, not bound by the registered value.

The Customs authorities made the final assessment of the plant's value, including various charges like inspection, dismantling, and vendor inspection. The appellants contested some charges, arguing they were not necessary for the plant's assessment value. The Court analyzed each charge separately. It upheld charges like dismantling and insurance, which were contractually required. However, charges like vendor inspection were deemed unnecessary for the assessment.

The Court also addressed charges related to insulation removal and fees paid to contractors. It found that expenses directly related to the contract terms were valid for assessment. However, certain fees, like those paid for services rendered, were not to be included in the plant's value assessment. The judgment clarified the treatment of various expenses incurred during the project import process.

The Court concluded by allowing the appeal and modifying the order under appeal. It directed the calculation of spares value based on the enhanced plant value. The judgment provided a detailed analysis of the assessment process for project imports and clarified the inclusion/exclusion of specific charges in determining the assessable value of imported goods.