1995 (11) TMI 164

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....38.43) on the basis of the manufacturer price list and after deducting the freight charges, insurance charges, and depreciation @ 19% without allowing the trade discount. The FOB value of the car was worked out to Rs. 3,18,549.58. The  FOB value, the freight charges, insurance charges and landing  charges  were added  to  arrive  at the  net  assessable value  of Rs. 3,44,242.72 only. In addition, the value of the Air conditioner and R.C.D.P. fitted in the car, appraised after allowing the depreciation was taken as Rs. 17,881.60 and Rs. 4795/- respectively. The value of some spares imported with the car were appraised to Rs. 3000/-. The total customs duty on the imported car as well as on Air con....

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....ation while determining the value of the imported car but not the quotation. He submitted that since manufacturer's invoice being available, assessable value not to be computed on the basis of any other document and manufacturer's catalogue or quotation cannot be relied upon and in support of his contention, he referred to the following decisions :- 1. Surya Products v. CC, Cochin - 1995 (78) E.L.T. 249 2. Inderjit Singh v. Collector, Bombay - 1995 (78) E.L.T. 122. 3. Shri H.C. Roy Choudhari v. Collector - 1989 (43) E.L.T. 96. 4. Arihant Auto Accessories - 1995 (76) E.L.T. 431 (Tri.) = 1995 (56) E.C.R. 349. 5. Great World Company v. Collector, Madras - 1994 (74) E.L.T. 49. 3. Shri Vipin Handa,....

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.... others. Similarly, certificate obtained by the appellants from the manufacturers subsequently cannot be taken as basis since it is not correlated with the description of the imported car and date also differs as it was rightly observed by the Collector (Appeals) and was rightly argued by the ld. DR. Generally quotation itself cannot be as basis in determining the assessable value if the manufacturer's genuine invoice was available. In the absence of real invoice, quotation can be taken as a basis for determining the assessable value with reference to the Rule 3A of Valuation Rules. In  the case of Sharp Business Machines Pvt. Ltd. v. CC referred to by the Deptt. Representative, it was held that valuation on the basis of quotation was ....