2003 (4) TMI 339

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....R, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - The appellant was working abroad and on his return to India he imported a Mitsubishi Pajero (Diesel) 1995 Model 2800 CC car in 1997. He claimed assessment of the car to Customs duty based on the price of 1800000 ¥ FOB Japan. In support of this value, he produced certificate dated 12th December, 1995 from M/s. Mitsubishi Moto....

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....cording that the valuation has been done by the lower authority "as per established practice", that an earlier import in January, 1997 had also been assessed adopting the same price. The Commissioner (Appeals) also noted that the price certificate produced by the importer was not acceptable since the said price is not a price for export to India to firm basis for valuation. The present appeal chal....

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.... to law, inasmuch as, valuation of the goods is to be done according to their sale price (transaction value) and not according to prices noted from various publications. Strong reliance has been placed on the decision of the Calcutta High Court in Debabrata Ghosh v. Assistant Collector of Customs reported in 1993 (68) E.L.T. 551 (Cal.) in support of the contention. The learned Counsel pointed out ....

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....not override the provisions of the Customs Act. 3. As against the aforesaid submissions on behalf of the appellants, the learned Departmental Representative has pointed out that the Customs Authorities had obtained price list from the manufacturer. A copy of the same was also filed under a letter dated 18-2-2003 of the Assistant Commissioner, Customs, Review Cell, Cochin. In the instant ca....