1983 (4) TMI 170

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..... on Application before the Central Government, this case has been transferred to the Tribunal and is being treated as an appeal. This case has been heard today. 2. The present appeal has been filed on two ground viz., (i) The appellants had paid the freight amount in Indian rupees but the Custom House took a different method to arrive at the freight element for inclusion in the assessable .....

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..... Indian Rupees. This arrangement for showing the freight amount in the foreign currency as well as in Indian currency at a pre-determined foreign exchange conversion rate was the result of an agreement between the Government of India and the I.D.A. (International Development Association). It was the contention of Shri Ignatius that since the freight had been paid in Indian rupees the Customs autho .....

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..... e was strictly in accordance with the law. According to Section 15(3)(a) [now proviso to Section 14(1)(a) of the Customs Act, 1962, the value for levy of Customs duty is to be worked out adopting the rate of exchange as in force on the date on which a bill of entry is presented under Section 46 of the Act. This being the legal position, it did not make any difference that the appellant had paid th .....

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..... he Customs Act had its own in-built provisions with regard to fixation of assessable value of imported goods. Freight is one of the constituents which goes into the computation of the assessable value. At the relevant time provisions of Section 15(3)(a) of the Act stipulated how the value of the imported goods was to be converted from foreign currency into Indian rupees. The rates for conversion o .....

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..... nnot override the provisions of Customs Act. We have no hesitation, therefore, in upholding the finding of the Appellate Collector on this ground. 8. As regards the second ground raised by the appellant, viz., the legality of adding landing charges to the assessable value of the goods, we have dealt with the issue at length while disposing of the appellants other matter covered by their Appeal .....

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