9911796707
|
Home
Issues: Valuation of second-hand machinery based on invoice price vs. manufacturer's price with depreciation method.
In this case, the main issue revolves around the valuation of second-hand machinery. The dispute is whether the customs value of the second-hand machines should be determined based on the invoice price claimed by the appellants or computed from the manufacturer's price for new machines using the depreciation method. The supplier is from Rotterdam, and the machines are of Korean origin, shipped from Korea. A Chartered Engineer's certificate confirms the machines to be of German make, in excellent condition with a residual life of over 20 years. The department, in the absence of the manufacturer's invoice, calculated the value of the machines by ascertaining the price of new machineries from the manufacturer and applying a maximum depreciation of 70%. The price difference between the declared price and assessed price through depreciation method was significant for both machines. Valuation of second-hand machinery presents challenges due to practical difficulties in establishing transaction value and the potential for fraud in trade of used goods. Customs authorities often resort to valuing second-hand goods by depreciating the price of new goods, a method also followed by WTO Member Countries and approved by the Tribunal and the Supreme Court in previous cases such as Gajra Beval Gears Ltd. v. CC, Bombay and CC, Chennai v. Motor Industries. The method of valuing second-hand machinery based on the price of new machines with depreciation has been deemed as a valid and non-arbitrary approach by the courts. Given the precedents and decisions of the Tribunal and the Apex Court, the current judgment finds no fault in the orders passed by the lower authorities and dismisses the appeal accordingly.
|
