1998 (5) TMI 183

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....e Respondents. [Order per : V. K. Ashtana, Member (T)]. -  This is an appeal against Order-in-Appeal No. 1681/93, dated 3-12-1993 passed by the Collector (Appeal), Customs wherein the Order-in-Original No. 80/93 of April Rs. 93 has been upheld. 2. Briefly the issue concerns import of used Mercedes Benz 300 D 1983 model car and its valuation under Section 14 of the Customs Act, 1....

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....per the price list of Mercedes Benz and thereafter to apply depreciation (max. of 46%). Further depreciation of 14% was allowed on the basis that the physical examination of the car showed signs of usage. Thus, total depreciation of 60% was given. 2. Heard ld. Consultant Shri V. Ramachandran. He submitted that in other imports as cited before the ld. Collector (Appeals), a depreciation of ....

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....tion under Rule 8 was not an arbitrary one but based on price list of Mercedes Benz with depreciation of 60% totally given. He further stressed that physical examination of the car was considered at the time of giving this 60% depreciation and therefore the valuation was done not on arbitrary but on best judgment basis. 4. We have considered the submissions on both sides. We find that in t....

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....sp;The only issue left for consideration is whether Rule 8 has been applied systematically and objectively or in an arbitrary manner. From the plain reading of the OIO, we find that the basis is price list of a Mercedes Benz car. Though the issue is slightly doubtful, a plain reading of the sentence shows it is the price list of Mercedes Benz, presumably the manufacturer. It is not disputed that p....