1987 (4) TMI 319 - AT - Customs

Summary

Issues:
1. Appeal against order passed by Collector of Customs (Appeals), Bombay regarding the assessable value of an imported car.
2. Determination of the correct assessable value of the imported car based on the date of import and relevant documentation.
3. Validity of the price list for October 1983 in assessing the value of the imported car.
4. Consideration of certificates issued by Mazda Corporation and Sumitomo Corporation in determining the correct value of the car.

Analysis:
The appellant filed an appeal challenging the order passed by the Collector of Customs (Appeals), Bombay, regarding the assessable value of an imported Mazda car. The appellant imported the car in September 1983 and declared its value at US $ 3638. However, the Assistant Collector computed the assessable value based on the October 1983 price list from Byford Ltd., Delhi. The Collector of Customs (Appeals) upheld this decision, citing the lack of the manufacturer's invoice as a reason for rejection.

During the appeal before the Tribunal, the appellant's son reiterated the argument that the value should be based on the declared amount of US $ 3638, supported by certificates from Mazda Corporation and Sumitomo Corporation. These certificates confirmed the sale of the car at the stated value, emphasizing that the importation predated the October 1983 price list. The appellant contended that the value should not be determined based on a later price list when the actual importation occurred earlier.

The Tribunal considered the submissions from both parties and examined the facts of the case. It noted that the appellant had indeed imported the car before October 1983, making the October price list irrelevant for valuation purposes. The certificates provided by Mazda Corporation and Sumitomo Corporation further supported the appellant's declared value of US $ 3638. The Tribunal criticized the Customs Authorities for demanding additional documentation from an individual not engaged in business activities.

Ultimately, the Tribunal found in favor of the appellant, setting aside the previous order and allowing the appeal. It directed the Revenue authorities to adjust the consequential effects of the decision accordingly, emphasizing that the correct assessable value of the imported car was US $ 3638 CIF Bombay, as declared by the appellant.