1996 (11) TMI 159 - AT - Customs

Summary

Issues:
1. Inclusion of commission paid to local agents in the assessable value of imported machinery.
2. Interpretation of contract terms regarding commission and other charges.
3. Applicability of previous tribunal judgments to the current case.
4. Assessment of commission charged by local agents and its impact on assessable value.
5. Determination of duty payable and redemption of confiscated machinery.

Issue 1: Inclusion of commission paid to local agents in the assessable value of imported machinery
The appellants imported a printing machine and did not disclose the payment of agency commission in the Bill of Entry. The Customs established that the appellants agreed to pay commission to local agents, which the Collector held should be included in the assessable value. The Collector concluded that even if the commission paid was less than the authorized amount, the assessable value should still be increased. The duty was confirmed based on the added value, and the machinery was confiscated but could be redeemed upon payment of a fine. No penalty was imposed on the appellants.

Issue 2: Interpretation of contract terms regarding commission and other charges
Two tribunal orders with similar facts were presented. One case involved a remand for further examination of whether certain charges were genuine or disguised commission. In another case, the tribunal rejected the appeal as the charges were clearly labeled as commission in the accounts. The present case differed from these judgments in terms of the nature of charges and their classification.

Issue 3: Applicability of previous tribunal judgments to the current case
The tribunal noted that the previous judgments were not directly relevant to the current case due to differences in the nature of charges and their treatment in the accounts. The tribunal's decision was based on the specific circumstances and agreements between the parties involved in the importation of the machinery.

Issue 4: Assessment of commission charged by local agents and its impact on assessable value
The agreement between the foreign suppliers and local agents authorized a 20% charge on the f.o.b. value for commission, installation, and after-sales service. However, evidence showed that the local agents charged only 10% of the C.I.F. value as commission in this case. The tribunal found that the Commissioner's decision to load the value by 20% was not justified, and the duty payable was reduced accordingly. The lack of split-up of the commission amount in the documents supported the reduction in the assessable value.

Issue 5: Determination of duty payable and redemption of confiscated machinery
The tribunal partially allowed the appeal by reducing the confirmed duty amount. The duty was reduced from Rs. 1,95,858.00 to Rs. 97,929.00 based on the revised assessable value. The tribunal found misdeclaration but did not interfere with the fine imposed, considering it lenient. The machinery could be redeemed upon payment of the revised duty amount. The appeal was allowed under these terms.