1983 (3) TMI 281

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....Nair, SDR, for the Respondent ORDER The appellant in this case is M/s. Bharat Heavy Electricals Limited, Bombay. This appeal has been filed against the order of the Appellate Collector of Customs, Bombay. Originally, the appellant filed a statutory revision with the Central Government and the same has been transferred and is being treated as an appeal. 2. The short point, which emerg....

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....U.K./Continent to India, the Government of India is obliged to arrange shipments of all Government owned/controlled cargoes by Conference member-lines vessels. In consideration of large volume of cargo being routed through Conference member-lines vessels, the said Conference had agreed to grant 15% rebate on FOB/FAS cargoes and 5% extra rebate for shipments against C & F/CIF/FOR/turnkey contracts.....

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....r on through a credit note, and as such, this rebate could not be allowed in terms of Section 14 of the Act. 6. We have carefully considered the matter. According to Section 14, the assessable value is deemed to be the price at which such or like goods are ordinarily sold, or offered for sale, for delivery at the time and place of importation or exportation, as the case may be, in the cour....

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.... have obtained a similar rebate on freight. A lower price for sale or carriage of large quantity of goods is a known and accepted thing in the trade. We, therefore, hold that the rebate allowed by the Shipping Lines to the appellants was admissible for deduction to arrive at the assessable value. The fact that the rebate in question is granted subsequently cannot be a ground for disallowing the re....