1995 (8) TMI 116 - AT - Customs

Summary

Issues:
1. Assessment of assessable value of imported car.
2. Calculation of depreciation and discounts.
3. Consideration of freight charges in the assessment.

Analysis:

Issue 1: Assessment of assessable value of imported car
The appellant imported a Mercedez Benz Car from Bahrain and cleared it without producing the manufacturer's invoice initially. The assessable value was determined based on the manufacturer's price list and optional accessories. The Assistant Collector applied depreciation for usage and damages, fixing the assessable value at Rs. 87053/-. The Collector (Appeals) modified the order, directing a reevaluation of depreciation from the date of registration to shipment.

Issue 2: Calculation of depreciation and discounts
The appellant later produced the manufacturer's invoice and argued for a diplomatic discount and trade discount based on the Proforma Invoice price. The appellant contended that the freight charges were excessive and sought a higher ad hoc depreciation. However, the Tribunal found that the assessable value was correctly based on the manufacturer's invoice and the trade discount was not applicable on the ex-factory price. The Tribunal upheld the decision that freight should be calculated from the country of origin to India.

Issue 3: Consideration of freight charges in the assessment
The Tribunal noted that the appellant failed to provide evidence of actual freight charges between Germany and Bombay. Relying on precedents, the Tribunal affirmed that freight should be added from the country of origin, in this case, Germany to Bombay. The Tribunal rejected the appellant's arguments regarding discounts and freight charges, upholding the Collector (Appeals) decision.

In conclusion, the Tribunal dismissed the appeal, affirming the Collector (Appeals) decision on the assessable value, depreciation, and freight charges. The judgment emphasized the importance of producing relevant invoices and evidence to support claims and upheld the principles established in previous judicial pronouncements regarding discounts and freight calculations.