1986 (3) TMI 177 - AT - Customs

Summary

Issues:
1. Disallowance of trade discount on imported Toyota car.
2. Assessment of airconditioner and radio/cassette separately.
3. Interpretation of Customs Act and Accessories (Condition) Rules, 1963.
4. Application of Central Excise Tariff.
5. Compliance with Section XVII of the Customs Tariff.
6. Precedent set by earlier CEGAT decision.
7. Trade discount allowance under Customs Act.

Analysis:
1. The appellant contested the disallowance of a 15% trade discount on the imported Toyota car by the Collector of Customs. The appellant argued that the importer is entitled to the normal trade discount as per rules. However, the Collector upheld the decision, stating that the discount was not proven to have been extended to the importer. The learned SDR emphasized that under Section 14(l)(a) of the Customs Act, trade discount is only admissible if proven to have been availed of.

2. The assessment of the airconditioner and radio/cassette separately was challenged by the appellant. They claimed that these items were part of the standard equipment in cars manufactured abroad and should not be assessed separately. The appellant argued that these items were not ready assembled units and were integral parts of the car. However, the SDR referred to the Accessories (Condition) Rules, 1963, stating that accessories are chargeable at the same rate of duty as the article if compulsorily supplied along with it, which was not proven in this case.

3. The interpretation of the Customs Act and Accessories (Condition) Rules, 1963 was crucial in determining the assessment of the airconditioner and radio/cassette. The rules stipulate that accessories must be compulsorily supplied along with the article for duty assessment. The appellant failed to demonstrate that these items were mandatory additions to the car, leading to a separate assessment.

4. The application of the Central Excise Tariff was highlighted concerning the classification of the airconditioner under Item 29A. The appellant argued that the airconditioning equipment was not a separate ready assembled unit but an integral part of the car. However, the SDR referenced a Supreme Court decision emphasizing the import of the air-conditioning equipment along with the car for duty collection.

5. Compliance with Section XVII of the Customs Tariff was discussed regarding the classification of air conditioners and radio/cassette recorders. The exclusion of these items as parts and accessories under specific tariff items was pointed out, leading to their separate assessment.

6. The precedent set by an earlier CEGAT decision was cited, where a similar ruling was made in favor of the Department. The decision in the mentioned case supported the separate assessment of items not proven to be compulsory additions to the imported article.

7. The allowance of trade discount under the Customs Act was clarified, emphasizing that trade discount could only be considered for assessment if proven to have been extended to the importer. The absence of evidence showing the extension of the trade discount led to its disallowance in this case.

In conclusion, the Appellate Tribunal dismissed the appeal, concurring with the earlier CEGAT decision and upholding the separate assessment of the airconditioner and radio/cassette, as well as the disallowance of the trade discount due to lack of evidence of its extension to the importer.