9911796707
TMI Blog1983 (3) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... is M/s. Bharat Heavy Electricals Limited, Bombay. This appeal has been filed against the order of the Appellate Collector of Customs, Bombay. Originally, the appellant filed a statutory revision with the Central Government and the same has been transferred and is being treated as an appeal. 2. The short point, which emerges in this appeal, is whether the 5 per cent rebate on freight given to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts of all Government owned/controlled cargoes by Conference member-lines vessels. In consideration of large volume of cargo being routed through Conference member-lines vessels, the said Conference had agreed to grant 15% rebate on FOB/FAS cargoes and 5% extra rebate for shipments against C F/CIF/FOR/turnkey contracts. The above arrangement was applicable to the shipments effected in 1978. 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 14 of the Act. 6. We have carefully considered the matter. According to Section 14, the assessable value is deemed to be the price at which such or like goods are ordinarily sold, or offered for sale, for delivery at the time and place of importation or exportation, as the case may be, in the course of international trade, where the seller and the buyer have no interest in the business of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity of goods is a known and accepted thing in the trade. We, therefore, hold that the rebate allowed by the Shipping Lines to the appellants was admissible for deduction to arrive at the assessable value. The fact that the rebate in question is granted subsequently cannot be a ground for disallowing the rebate for the purpose of calculation of assessable value, because even at the time of booking ..... X X X X Extracts X X X X X X X X Extracts X X X X
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