2005 (2) TMI 648 - AT - Customs

Tribunal excludes second-hand container value from assessable goods, citing precedent. Duty not chargeable.

The Tribunal ruled in favor of the appellant, holding that the value of second-hand marine containers should not be added to the assessable value of ... Valuation Issues:1. Whether the value of second-hand marine containers should be added to the assessable value of imported goods.2. Applicability of judgments in similar cases regarding the duty chargeable on containers used for transportation of goods.Analysis:1. The appeal pertains to confirming demands on the value of 31 second-hand marine containers imported along with goods. The appellant argued that the value of containers had already been included in the value of goods based on correspondence with the supplier. Citing a precedent (CC, Mumbai v. Ispat Profiles), it was contended that adding the container value again to the assessable value was not necessary. The Tribunal considered this argument and the evidence presented, ultimately ruling in favor of the appellant based on the principle established in the cited case.2. The respondent relied on a judgment in Linc Pen & Plastics Ltd. v. CC, Mumbai to support their position. However, the Tribunal found this case to be distinguishable since it involved the import of old and used Marine Steel Containers under the EPCG Scheme, which required a license. In contrast, the present case aligned more closely with the precedent set by CC, Mumbai v. Ispat Profiles (India) Ltd. The Tribunal emphasized that duty is not chargeable on containers when their value is already included in the sale price of imported goods. Given the evidence of the supplier collecting the container value separately, the Tribunal set aside the impugned order and allowed the appeal, following the precedent established in the Ispat Profiles case.In conclusion, the Tribunal's decision was based on the interpretation of relevant precedents and the specific circumstances of the case, highlighting the importance of considering whether the value of containers is already accounted for in the sale price of imported goods to determine the assessable value accurately.