1995 (8) TMI 116

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..... 7 dated 4-1-1982 after adding the values of optional accessories. The Assistant Collector gave 25% depreciation on account of usage of the car and a further ad hoc depreciation of Rs. 800/- on account of damages found on examination of the car at the docks. The Assistant Collector further held that the price of the car mentioned in the manufacturer s price list adopted by the Department is ex-factory price and hence no trade discount at the rate of 15% is admissible on this price. The assessable value of the car was fixed at Rs. 87053/-. An appeal was filed against the Assistant Collector s order. It was contended before the Collector (Appeals) that the Department ought to have given 10% diplomatic discount on the Proforma Invo .....

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..... non-application of mind because the Collector(Appeals) has held that freight is correctly to be calculated from the country of origin of the car to India without further elaboration as to how the price declared by the appellant is not acceptable. The learned Consultant relied upon the Tribunal dicision in the case of Prem Kumar v. Collector of Customs, reported in 1989 (40) E.L.T. 340 (Tribunal) for his submissions that 15% trade discount of dealers price should be allowed or the manufacturer net price should be accepted. As regards the freight elements, the learned Consultant submitted that if the common route by sea from Germany via Aden, Bahrain to Bombay is considered will be possible to conclude that the freight from Germany to Bombay .....

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..... Customs, Bombay in its Final Order Nos. 24 to 27/1985-A, dated 15-1-1985. In this order the Tribunal had held that 15% discount cannot be allowed from the Invoice Value and this decision of the Tribunal is reportedly upheld by the Supreme Court as reported in 1995 (75) E.L.T. A180. The decision of the lower authority that freight is to be calculated from the Country of origin of the car to India is also supported by the Tribunal decision in the case of Collector of Custom, Cochin v. Kumaran Krishna Kutty, reported in 1994 (74) E.L.T. 931 (Tribunal). 3. We have carefully considered the submissions made by both the sides. We find that the appellants have at no stage produced the manufacturer s invoice but only now before the Tribunal they h .....

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