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Issues: Valuation of imported car for customs duty assessment, inclusion of freight, insurance, and landing charges in assessable value, claim for depreciation, inclusion of additional customs duty, assessment of air-conditioner separately.
In the judgment by the Appellate Tribunal CEGAT, New Delhi, the appellant imported a new Toyota Starlet Car of 1982 Model, leading to a dispute over the valuation for customs duty assessment. The appellant claimed a 15% discount on the invoice price, which was not accepted by the Assistant Collector, who deemed the invoice price as already discounted. The appellant's appeal before the Collector (Appeals) and subsequently before the Tribunal raised various grounds, including the contention that the invoice price was not discounted. The Tribunal noted that the general practice in customs valuation is to base it on the World Car Catalogue Price with a 15% discount to determine the price at which similar goods are sold in wholesale international trade. The appellant failed to provide the World Car Catalogue Price but asserted it was available with the Customs House. The Tribunal ordered a reassessment based on the World Car Catalogue Price less 15% discount, emphasizing that no additional discount should be granted on the individual export passenger's invoice price. Regarding the inclusion of freight, insurance, and landing charges in the assessable value under Section 14, the appellant argued against it, citing the valuation of excisable goods under a different act. However, the Tribunal rejected this argument, stating that Section 14 of the Customs Act mandates valuation based on the price for delivery at the port of importation, necessitating the addition of such charges to the basic price of the car. The appellant's claim for depreciation for running the car from the factory to the port in Japan was denied by the Tribunal, as the car was not used abroad but was purchased new and loaded for shipment. The judgment clarified that depreciation is only applicable if the car is possessed and used abroad. Regarding the inclusion of additional customs duty, the appellant contended that since no such duty was levied under the Central Excises & Salt Act, it should not be included in the excise duty equivalent. The Tribunal explained that customs duty is charged on imported goods under Section 12 of the Customs Act, and additional customs duty, although equivalent to excise duty, is a separate duty applicable to imported goods, as specified in the Customs Tariff Act. Lastly, the appellant argued against the separate assessment of the air-conditioner fitted in the car, claiming it was part of a composite price. The Tribunal disagreed, stating that an air-conditioner is an optional accessory, not an essential or standard component of the car, and thus correctly assessed it separately under the Tariff. In conclusion, the appeal was partly allowed for reassessment based on the World Car Catalogue Price less 15% discount, while other grounds raised by the appellant were rejected. Any consequential relief due to the appellant on the reassessment of the basic price of the car was to be granted.
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