1990 (9) TMI 201 - AT - Customs

Summary

Issues: Valuation of old used cars imported by the appellants.

Analysis:
1. Appeal No. 2115/89: The appellant imported a Toyota car and valuation was based on NADA price catalogue. The appellant argued the car had no commercial value due to mileage and lack of servicing. The Collector (Appeals) granted additional depreciation. The appellate authority granted further 6% depreciation. The appellant challenged the assessment.

2. Appeal No. 2123/83: The appellant imported a Toyota Pick up car, and valuation was based on NADA price catalogue. The appellant claimed the car had no value due to its condition. The Collector (Appeals) granted additional ad hoc depreciation. The appellant challenged the assessment.

3. Appeal No. C/2114/89: The appellant imported a Cheverolet Caprice V 8 Diesel Car, and valuation was based on NADA price catalogue. The appellant argued the car had defects and no commercial value. The first appellate authority granted extra 5% towards the defective engine. The appellant disputed the assessment.

4. Arguments: The appellants contended that the lower authorities did not justify rejecting the declared value before applying Rule 8(1) of Customs Valuation Rules, 1988. The Department determined value based on NADA price catalogue without sufficient reasons for rejecting declared prices. The appellants argued for fair valuation under amended Valuation Rules.

5. Decision: The Tribunal held that the burden of proof lies on the Department to show undervaluation. The Department failed to provide reasons for rejecting declared values. The Tribunal found the declared value to be accurate in all three cases. The Tribunal allowed the appeals, setting aside the impugned orders.

6. Order by D.C. Mandal: Rule 4 of Customs Valuation Rules states transaction value for goods sold for export to India. As the cars were not sold for export, transaction value could not be determined. Rule 8 was correctly applied for valuation. The orders of the lower authorities considered trade discount and depreciation adequately. The order was upheld, dismissing the appeals.