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Issues: Whether the imported car, having suffered extensive damage and having been used abroad for four years, was entitled to depreciation at 60% instead of the depreciation allowed by the lower authorities.
Analysis: The car was no longer available for re-examination, but the repair estimates indicated substantial damage. The normal departmental depreciation for four years of use abroad was 46%, and the additional depreciation granted for the accident-related damage was only 3%, which was found to be inadequate in the circumstances.
Conclusion: The claim for 60% depreciation was accepted and the lower orders were modified accordingly in favour of the appellant.
Ratio Decidendi: Where an imported vehicle has suffered extensive damage and the available material shows that the departmental allowance does not adequately reflect that damage, a higher depreciation may be granted for customs assessment purposes.