Home Case Index All Cases Customs Customs + AT Customs - 1993 (9) TMI AT This
Issues:
Dispute over payment of freight charges in importation of goods. Analysis: The judgment involves a dispute regarding the payment of freight charges in the importation of polypropylene goods from Japan. The appellants argued that the assessable value should consider the actual freight incurred by them, which was at a rate of U.S. $1450 per 20 ft. container. They contended that the CIF value should be calculated based on the actual freight paid, as per their contract with United Liner Agencies of India Pvt. Ltd. The Collector and other authorities had rejected this argument, leading to the appeals. The appellants sought to introduce additional evidence to support their claim, including correspondence and quotations from other shipping lines to demonstrate the discounted freight rates they received. They relied on Customs Valuation Rules and previous case law to support their contention that actual freight charges should be considered for determining the assessable value. The appellants also argued that bulk purchasers typically enjoy discounts, which should be reflected in the valuation of goods for customs purposes. The respondent, however, opposed the appellants' claims, stating that the Bill of lading reflected normal freight charges and should be the basis for determining the assessable value. They questioned the authenticity and relevance of the additional evidence presented by the appellants, including quotations obtained after importation and correspondence with shipping lines. The respondent argued that the discounted freight rates were not proven or accounted for in the original documentation, and therefore, should not be considered for valuation purposes. The Tribunal, after careful consideration, agreed that the actual cost of freight incurred by the importer should be taken into account for determining the assessable value. However, they found that the appellants failed to sufficiently prove that the freight charges shown in the Bill of lading were lower than the actual payment made. The Tribunal emphasized that the appellate court should not entertain additional evidence that could have been presented before the lower authorities without sufficient cause. Citing legal precedents, the Tribunal concluded that the appellants' request for additional evidence could not be granted at that stage. Ultimately, the Tribunal upheld the authorities' decision to consider the freight charges as per the Bill of lading for valuation purposes, while reducing the redemption fine imposed in one of the appeals. Consequently, the appeals were dismissed, affirming the impugned orders with a modification to the redemption fine.
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