9911796707
TMI Blog1995 (11) TMI 164X X X X Extracts X X X X X X X X Extracts X X X X ..... ht charges, insurance charges, and depreciation @ 19% without allowing the trade discount. The FOB value of the car was worked out to Rs. 3,18,549.58. The FOB value, the freight charges, insurance charges and landing charges were added to arrive at the net assessable value of Rs. 3,44,242.72 only. In addition, the value of the Air conditioner and R.C.D.P. fitted in the car, appraised after allowing the depreciation was taken as Rs. 17,881.60 and Rs. 4795/- respectively. The value of some spares imported with the car were appraised to Rs. 3000/-. The total customs duty on the imported car as well as on Air conditioner, R.C.D.P. fitted in the car, and on spare parts worked out to Rs. 11,40,058/- only. The appellants have contended be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vailable, assessable value not to be computed on the basis of any other document and manufacturer s catalogue or quotation cannot be relied upon and in support of his contention, he referred to the following decisions :- 1. Surya Products v. CC, Cochin - 1995 (78) E.L.T. 249 2. Inderjit Singh v. Collector, Bombay - 1995 (78) E.L.T. 122. 3. Shri H.C. Roy Choudhari v. Collector - 1989 (43) E.L.T. 96. 4. Arihant Auto Accessories - 1995 (76) E.L.T. 431 (Tri.) = 1995 (56) E.C.R. 349. 5. Great World Company v. Collector, Madras - 1994 (74) E.L.T. 49. 3. Shri Vipin Handa, ld. SDR appearing for the Revenue while justifying the order passed by the authorities below submitted that the purchase invoice produced by the appellants cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date also differs as it was rightly observed by the Collector (Appeals) and was rightly argued by the ld. DR. Generally quotation itself cannot be as basis in determining the assessable value if the manufacturer s genuine invoice was available. In the absence of real invoice, quotation can be taken as a basis for determining the assessable value with reference to the Rule 3A of Valuation Rules. In the case of Sharp Business Machines Pvt. Ltd. v. CC referred to by the Deptt. Representative, it was held that valuation on the basis of quotation was permissible under Section 14 of the Customs Act, 1962. In the instant case, it cannot be called as a mere quotation since price catalogue was issued to the local representatives of foreign supplie ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
