1988 (9) TMI 181 - AT - Customs

Summary

Issues Involved:
1. Assessable value of the ship for Customs duty.
2. Liability of Customs duty on the ship.
3. Applicability of exemption for ocean-going vessels.
4. Consideration of the ship as "derelict" under Section 21 of the Customs Act.
5. Valuation of the ship in its damaged condition.

Detailed Analysis:

1. Assessable Value of the Ship for Customs Duty:
The primary dispute in this appeal concerns the assessable value of a ship purchased by the appellants in a public auction for breaking up. The ship, M.V. 'NIONIO', was sold by the Sheriff of Bombay on an 'as is where is' basis for Rs. 50 lakhs. The appellants argued for a lower valuation based on their surveyor's assessment of Rs. 20.20 lakhs due to the ship's damaged condition. However, the Superintendent of Customs assessed the ship at Rs. 73,69,403.90 based on the value of similar ships provided by M.S.T.C. The Collector (Appeals) reduced this value by 20% for pilferage and Rs. 2 lakhs for salvage expenses, resulting in a value of Rs. 54,48,520.25, which was marginally higher than the auction price.

2. Liability of Customs Duty on the Ship:
The appellants contended that no Customs duty was payable as the ship was sold by the Sheriff of Bombay and was thus Government property. However, the Tribunal found no legal basis for this proposition, citing Section 12 of the Customs Act, 1962, which imposes duties on all goods, including those belonging to the Government.

3. Applicability of Exemption for Ocean-Going Vessels:
The appellants argued that the ship came to India as an ocean-going vessel and was thus exempt from Customs duty. The Tribunal noted that while the ship was initially exempt as an ocean-going vessel, its status changed after it was abandoned and sold for breaking up. The exemption notification (262/58-Cus., dated 11-10-1958) specifies that vessels subsequently broken up are chargeable with duty as if they were imported for breaking up. Therefore, the ship was liable for Customs duty under Chapter 89 of the Customs Tariff Act, 1975.

4. Consideration of the Ship as "Derelict" under Section 21 of the Customs Act:
The appellants referenced Section 21 of the Customs Act, which deals with goods such as derelict, jetsam, flotsam, and wreck. They argued that the salvaged ship did not fall under these categories. However, the Tribunal pointed out that the ship was indeed "derelict" as it was abandoned by its crew without intention of returning. Therefore, under Section 21, derelict goods are chargeable to import duties unless exempt.

5. Valuation of the Ship in its Damaged Condition:
The appellants cited Sections 13, 22, and 23 of the Customs Act to argue that the ship should be valued in its damaged condition. The Tribunal agreed with the principle but rejected the surveyor's valuation of Rs. 20.20 lakhs as too low. The auction price of Rs. 50 lakhs, approved by the Hon'ble Bombay High Court, was deemed the fairest value for the ship in its damaged condition. The Tribunal concluded that this value satisfied the provisions of Section 14 and complied with the principles of Sections 13, 22, and 23 of the Customs Act.

Conclusion:
The Tribunal modified the impugned order to the extent that the highest auction bid price of Rs. 50 lakhs, plus the usual landing charges, shall form the basis of assessment for the ship. The appeal was partly allowed in these terms and otherwise dismissed.