1995 (1) TMI 192 - AT - Customs

Summary

Issues:
1. Assessment of imported car based on invoice currency.
2. Disallowance of trade discount on invoice price.
3. Correct calculation of depreciation for valuation of imported car.

Analysis:
1. The appellant imported a car into India after using it in Nepal and filed a Bill of Entry with an invoice showing the CIF price in U.S. dollars and Japanese currency. The Assistant Collector assessed the car based on the U.S. dollar invoice, rejecting the appellant's request for assessment in Japanese currency. The Collector of Customs (Appeals) upheld this decision, stating that valuation is based on manufacturer's price list or World Car Catalogue. The Tribunal found that since payment was made in U.S. dollars, the rejection of the U.S. dollar invoice was unjustified, as international trade commonly uses different currencies in invoices.

2. The appellant argued for a 15% trade discount on the invoice price, as the car model was not in the World Car Catalogue. Citing a previous case, the Tribunal held that if the World Car Catalogue price is unavailable, assessment is based on the manufacturer's net price, without a 15% discount on the invoice price. The appellant's request for the discount was denied, as the valuation was done using the distributor's invoice price. The Tribunal allowed the appeal partially, accepting the U.S. dollar invoice for valuation but disallowing the trade discount.

3. The appellant raised concerns about the depreciation calculation for the imported car, suggesting it should align with Board guidelines for used imported machinery. The Tribunal declined to address this issue, noting it was not raised earlier. Consequently, the Tribunal concluded that the U.S. dollar invoice was valid for valuation, but no trade discount was applicable due to the assessment based on the distributor's invoice in the country of export. The appeal was partly allowed in favor of the appellant.