2000 (3) TMI 414 - AT - Customs

Summary

Issues:
1. Disallowance of 15% discount on the car's value.
2. Inclusion of Rs. 40,000 for optional accessories in duty assessment.

Analysis:

Issue 1: Disallowance of 15% discount on the car's value
The appellant imported a Toyota car from Norway, and the declared price was Japanese Yen 16,92,000 inclusive of A/C and music system. The Assistant Commissioner disallowed the 15% discount requested by the appellant. The appellant argued for the discount based on a Supreme Court decision and a previous case where a similar discount was allowed. However, the Tribunal found that the discount claim was not legally sustainable. The Tribunal clarified that the discount could only be allowed if the assessment was based on the world car catalogue price, which was not the case here. The duty was correctly assessed based on the manufacturer's invoice, and the Commissioner's order in another case was deemed irrelevant as it misinterpreted the relevant provisions. Ultimately, the Tribunal upheld the decision to disallow the 15% discount.

Issue 2: Inclusion of Rs. 40,000 for optional accessories in duty assessment
The authorities wrongly included Rs. 40,000 in the car's price for computing duty, despite the price already being inclusive of the A/C and music system. The Tribunal agreed that this addition was incorrect and ruled in favor of the appellant on this aspect. The Tribunal concluded that the appellants should be given the allowance of Rs. 40,000 while assessing the car's price and the duty payable. Consequently, the impugned order of the Commissioner was modified to provide this relief to the appellants.

In summary, the Tribunal upheld the disallowance of the 15% discount on the car's value but ruled in favor of the appellant regarding the inclusion of Rs. 40,000 for optional accessories in the duty assessment. The appeal was disposed of accordingly with the modification in the Commissioner's order to grant the appellants the allowance of Rs. 40,000.