1983 (4) TMI 170

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the freight amount in Indian rupees but the Custom House took a different method to arrive at the freight element for inclusion in the assessable value. It converted the freight amount shown in the invoice in foreign currency to Indian rupees. Due to this conversion of the freight from foreign currency to Indian rupees, the appellant had to pay a higher amount by way of Customs duty. (ii)    In computing the assessable value, the Customs House added the landing charges which is not warranted under the provisions of Section 14 of the Customs Act, 1962. 3.  With regard to the first ground, Shri Ignatius explained that in the present case the goods had been imported by an Indian flag vessel and the payment towards fr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....(a) [now proviso to Section 14(1)(a) of the Customs Act, 1962, the value for levy of Customs duty is to be worked out adopting the rate of exchange as in force on the date on which a bill of entry is presented under Section 46 of the Act. This being the legal position, it did not make any difference that the appellant had paid the freight in Indian rupees. For the purposes of determining value under Section 14 of the Act, any special arrangement entered into between the Government of India and any international financial institution was not relevant unless, of course, a statutory provision to this effect was provided for. This was not the case here. 6.  With regard to the addition of landing charges, Shri Nair stated that he had cou....