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TMI Blog2011 (1) TMI 1014X X X X Extracts X X X X X X X X Extracts X X X X ..... 01 as amended. Both the importers produced certificates from the supplier (M/s. World Wide Motors, Dubai) which certified that the vehicles had not been registered before export to India and were brand new models. They also produced Vehicle Export Certificates from the competent authority in UAE. The above Notification provided a concessional rate of duty for new vehicles not registered anywhere prior to importation, falling under Heading 87.03 of the first Schedule to the Customs Tariff Act. The importers also produced the supplier s invoices. The Mercedez Benz Car was valued at UAE Dhs 40,000 (Rs. 5,73,970/-) while the Toyota Landcruiser Car was valued at UAE Dhs 80,000 (Rs. 10,09,517/-) in the respective Bills of Entry based on the respe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , however, did not consider the appellants plea for waiver of demurrage charges as the plea was considered to be extraneous to the subject-matter of the appeals. 2. In the appeals filed by the importers, the challenge is against rejection of what they called transaction value . The ld. counsel for these appellants submits that the declared value, which was based on the supplier s invoice, was rejected without indicating any reason. It is submitted that the value declared by the importers could not have been rejected on any ground other than those particularized under Rule 4(2) of the Customs Valuation Rules, then in force. Only after rejecting the transaction value can an assessing authority proceed to determine the assessable value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accept both the cars to be new cars. The fact that both the cars were not registered before their exportation to India is an additional factor indicating that the vehicles were new at the time of their exportation to India. There were no other conditions attached to the Notification No. 17/01, relevant to import of cars. Therefore, we have not found any reason to disagree with the decision of the lower appellate authority on the question whether the benefit of the Notification should be allowed to the importers. 4. As regards valuation of the vehicles, we note that the assessee had purchased the vehicles in connection with transfer of their residence to India. Apparently, the vehicles were purchased from dealers of the manufacturer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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