1998 (1) TMI 281 - AT - Customs

Summary

Issues:
1. Depreciation percentage granted to the appellant.
2. Value addition for air-conditioner and other parts.
3. Depreciation on a car used for more than 4 years.
4. Notional freight charge for the car.

Analysis:

1. The appeal was filed by the department against the orders passed by the Collector (Appeals) regarding the depreciation percentage granted to the appellant. The Collector had increased the depreciation from 46% to 66% and concluded that the value addition for the air-conditioner and other parts was not warranted for a Grand Luxury car. The department challenged these findings before the Appellate Tribunal.

2. The JDR for the department argued that the Asstt. Collector was justified in adding the value of the air-conditioner and other parts as they are not usually supplied with the car. However, the Advocate for the respondent contended that as the car was labeled as a Grand Luxury model, it already included luxury items like air-conditioner/heater and stereo equipment, so adding the price of these fittings was unnecessary.

3. Regarding the depreciation for a car used for more than 4 years, the JDR argued that an additional 20% discount was not warranted by law. The Tribunal referred to a previous decision and emphasized that the depreciation should be based on the actual condition of the car at the time of import. Since no inspection was conducted to determine the actual condition, the Tribunal reduced the depreciation to 10%.

4. The dispute over the freight charge revolved around whether notional freight should be added. The Collector (Appeals) had considered the expression "average freight" and concluded that notional freight should be added based on the ordinary mode of transport. The Tribunal upheld this decision, stating that there was no reason to interfere with this finding.

5. In conclusion, the Tribunal confirmed the Collector's decision regarding the value addition for luxury items in the Grand Luxury car but reduced the depreciation percentage from 20% to 10% for a car used for more than 4 years. The Tribunal partially allowed the department's appeal, restricting the depreciation over 46% to another 10% and upheld the addition of notional freight. The appeal was partially allowed with consequential relief as per the law.