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of <h1>Tribunal orders reassessment of customs duty on imported car, highlighting importance of reliable evidence</h1> <h3>SS. RAJAN Versus COLLECTOR OF CUSTOMS</h3> SS. RAJAN Versus COLLECTOR OF CUSTOMS - 1993 (66) E.L.T. 102 (Tribunal) Issues:1. Assessment of customs duty based on incorrect assessable value.2. Appeal for reassessment of duty based on additional evidence.3. Reliance on manufacturer's communication for determining assessable value.Analysis:The case involved an appeal against the assessment of customs duty on an imported Honda Accord LX car, which was based on the assessable value determined by the department using the invoice price of a different model, Honda Accord EX. The appellant contended that the assessable value was incorrectly calculated and sought a reassessment based on additional evidence received from Honda Motor Co. Ltd. through the Indian Embassy in Japan.During the appeal hearing, the appellant submitted a communication from Honda Motor Co. Ltd. certifying the export price of the imported car as CIF C$ 10,702. The Tribunal accepted this additional evidence, considering it reliable and crucial for deciding the case. The communication provided by the manufacturer aligned with the price declared by the appellant to the Customs Authorities, supporting the appellant's claim for reassessment based on the certified export price.The Revenue, represented by the SDR, argued against reassessment, citing the unavailability of the 1988 world car catalogue for reference in determining the assessable value. However, the Tribunal noted that the department had based its assessment on the invoice price of a different model due to the lack of the necessary reference material. The Tribunal found merit in the appellant's argument that the Honda Accord LX model should have a lower value than the EX model due to the differences in features.Upon reviewing the evidence and submissions, the Tribunal concluded that the export price of C$ 10,397 FOB certified by Honda Motor Co. Ltd. should be adopted as the basis for computing the assessable value of the imported car. The Tribunal set aside the Collector's order and directed the Asstt. Collector to reevaluate the assessable value based on the manufacturer's certified price, leading to a potential refund for the appellant due to the incorrect initial assessment.In summary, the Tribunal allowed the appeal, emphasizing the importance of considering manufacturer-certified export prices for determining the assessable value of imported goods and ensuring accuracy in customs duty assessments. The decision highlighted the need for proper evidence and reference materials in customs valuation cases to prevent incorrect assessments based on inadequate information.
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