1999 (11) TMI 93 - SC - Customs

Summary

Issues involved: Determination of assessable value for imported machinery based on depreciation method and invoice value.

Issue 1 - Depreciation method vs. invoice value:
The appellants imported six re-conditioned used machines from West Germany for their dairy project. The Assistant Collector determined the value using the depreciation method, which was upheld by the Collector (Appeals). The Tribunal, however, found the lower authorities had not properly considered the transaction value and the acceptability of the declared value. The Tribunal noted a significant difference between the invoice value and the value determined by the depreciation method for three of the items imported.

Issue 2 - Tribunal's decision and inconsistency:
The Tribunal criticized the use of the depreciation method but did not conclusively find that the invoice value was incorrect. It suggested determining the value under Rule 8 based on depreciation, leading to an inconsistent decision. The Supreme Court observed that the Tribunal's order was inconsistent and could not be upheld.

Judgment:
The Supreme Court allowed the civil appeals, setting aside the order that relied on the depreciation method. It directed that for customs duty assessment, the assessable value should be based on the invoice value of all six imported machines. No costs were awarded in this matter.