9911796707
TMI Blog1991 (10) TMI 133X X X X Extracts X X X X X X X X Extracts X X X X ..... ccount the letter dated 6-5-1982 addressed to the appellant by M/s. Volvo Car Corporation, Sweden stating that the retail price of the car in 1977 was SEK 42900. On the retail price of the car indicated in the manufacturers letter, the Assistant Collector allowed a discount of 15%. He also allowed a depreciation of 55% on account of the use of the car in U.K. during the period May, 1977 to December, 1982. For arriving at the CIF value, the Assistant Collector added to the depreciated value of the car a sum of Rs. 9,176.20 on account of the estimated freight from London to Calcutta. After adding 1/8 % on account of insurance, he worked out the assessable value of the car as Rs. 31,193.93. 2. The appellant challenged the assessable value o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 55% allowed by the Assistant Collector was inadequate. He further contended that the actual freight for shipment of the car from Sweden, the country of manufacture to India was only Rs. 7000/-. In support of his case Shri Banerjee cited the following decisions of the Tribunal:- (i) Prem Kumar v. Collector of Customs -1989 (40) E.L.T. 340 (ii) B.J. Singh v. Collector of Customs - 1990 (45) E.L.T. 474 (iii) Satya Prakash Agnihotri v. Collector of Customs -1990 (47) E.L.T. 614. 4. On behalf of the Revenue, the learned JDR Shri Satish Kumar placed reliance on the order passed by the Collector (Appeals). He stated that the price of SEK 27,400 indicated in the letter dated 17-1-1982 from M/s. Volvo Corporation could not be deemed as th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant had challenged the order passed by the Assistant Collector and the same was confirmed by the Collector (Appeals) and the same is now before us. Whatever maybe the order, the consequential effect has to be given to the order so passed. Accordingly, we are of the view that provisions of Section 27 of the Customs Act, 1962 are not applicable in this case because there is no refund application from the appellant. In view of our above discussion we order that the car should be re-assessed on the basis of the World Car Catalogue Price of the same model less 15% trade discount. During the course of arguments Shri Sogani, the learned Consultant had argued that he does not press his plea for higher depreciation. Accordingly, we are not passing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asis having regard to the condition of the car. Since in the appellant s case the depreciation of 55% was worked out after inspection^ the car on the basis of its actual condition it has to be deemed as adequate and fair. 8. In view of the above discussion, we set aside the impugned order and allow the appeal by way of remand to the Assistant Collector for reassessment of the car on the basis of the price of the same model in the relevant World Car catalogue price or any other similar publication and having regard to the other observations made by us in this order. While determining the assessable value he shall afford opportunity to the appellants to file further evidence. On reassessment, consequential relief, if any shall be allowed to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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