1995 (8) TMI 116

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....puted on the basis of manufacturer's price list that is Tour List No. 67 dated 4-1-1982 after adding the values of optional accessories. The Assistant Collector gave 25% depreciation on account of usage of the car and a further ad hoc depreciation of Rs. 800/- on account of damages found on examination of the car at the docks. The Assistant Collector further held that the price of the car mentioned in the manufacturer's price list adopted by the Department is ex-factory price and hence no trade discount at the rate of 15% is  admissible  on  this  price.  The  assessable  value  of  the  car  was  fixed  at Rs. 87053/-. An appeal was filed against the Assistant Collector's ord....

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....r Invoice taking it ex-factory price comes to 19951.000. The learned Consultant further submitted that order of the Collector (Appeals) shows non-application of mind because the Collector(Appeals) has held that freight is correctly to be calculated from the country of origin of the car to India without further elaboration as to how the price declared by the appellant is not acceptable. The learned Consultant relied upon the Tribunal dicision in the case of Prem Kumar v. Collector of Customs, reported in 1989 (40) E.L.T. 340 (Tribunal) for his submissions that 15% trade discount of dealers price should be allowed or the manufacturer net price should be accepted. As regards the freight elements, the learned Consultant submitted that if the co....

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....the appellants. The learned Departmental Representative further referred to the decision of the Tribunal in the case of Shri Ram Bansal v. Collector of Customs, Bombay in its Final Order Nos. 24 to 27/1985-A, dated 15-1-1985. In this order the Tribunal had held that 15% discount cannot be allowed from the Invoice Value and this decision of the Tribunal is reportedly upheld by the Supreme Court as reported in 1995 (75) E.L.T. A180. The decision of the lower authority that freight is to be calculated from the Country of origin of the car to India is also supported by the Tribunal decision in the case of Collector of Custom, Cochin v. Kumaran Krishna Kutty, reported in 1994 (74) E.L.T. 931 (Tribunal). 3. We have carefully considered th....