1996 (3) TMI 229 - AT - Customs

Issues Involved:
1. Remission of duty on goods lost by theft.
2. Valuation of the vessel "M.V. SEA FALCON-I" for customs duty purposes.
3. Depreciation and reconditioning costs of the vessel.
4. Compliance with High Court orders regarding the survey and valuation of the vessel.

Detailed Analysis:

1. Remission of Duty on Goods Lost by Theft:
The appellants sought remission of duty on the value of goods lost by theft, amounting to Rs. 7,05,000/-. The Collector (Appeals) modified the Assistant Collector's order to grant remission for the stolen goods. The Assistant Collector had initially allowed remission of Rs. 4,90,642/-, despite the value of stolen goods being confirmed at Rs. 7,05,000/-. The Collector (Appeals) held that the remission should be allowed for the full value of Rs. 7,05,000/-.

2. Valuation of the Vessel "M.V. SEA FALCON-I" for Customs Duty Purposes:
The appellants purchased the vessel for Rs. 80,30,000/- and declared its value as U.S. $ 3,08,651.10 CIF, against the international market value of U.S. $ 4,58,304.00. The Assistant Collector assessed the vessel at U.S. $ 96 per LDT, referencing "Fair Play International Weekly" which indicated an average sale price of U.S. $ 100 per LDT for similar vessels. The appellants did not challenge this valuation but argued for a reassessment considering the vessel's laid-up condition and depreciation.

3. Depreciation and Reconditioning Costs of the Vessel:
The appellants claimed a 20% depreciation based on the vessel being laid-up for six months and the need for extensive repairs, supported by a survey report from M/s. Metcalfe & Hodkinson Pvt. Ltd. The Assistant Collector dismissed this claim, stating that vessels meant for scrapping are assessed based on their scrap value, not reconditioning costs. The Collector (Appeals) upheld this view, noting that the Customs Act does not provide for remission of duty based on reconditioning costs.

4. Compliance with High Court Orders Regarding the Survey and Valuation of the Vessel:
The High Court of Bombay directed a physical survey of the vessel to assess its value. Capt. J.B. Sawant conducted the survey, but his report was deemed vague and lacking in detail about the missing parts and their value. The Assistant Collector and Collector (Appeals) relied on the bid price and international market rates to determine the vessel's value, dismissing Capt. Sawant's report as it did not provide a credible basis for valuation.

Conclusion:
The lower authorities' decision to assess the vessel at U.S. $ 96 per LDT was upheld, considering the international market value and the bid price. The appellants' claims for depreciation and reconditioning costs were rejected as irrelevant for assessing the vessel meant for scrapping. The remission of duty was granted for the full value of stolen goods, Rs. 7,05,000/-. The appeal was rejected, confirming the assessable value and the lower authorities' approach as correct and justified.

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