9911796707
TMI Blog1994 (9) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... nkataramani, Member (T)]. - The brief facts of this appeal are as follows : The appellant, a Skin Specialist, imported a V.W. Passat GLD car (1980 Model). The appellant bought the said car from Volkswagon, Munich. The said car was being used by Volkswagon for about 20 months as a demonstration and odd job car. The appellant bought the same on 10-8-1982 on "as is and where is basis" for a s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt and 33% depreciation on account of the use of the car. An ad hoc depreciation of Rs. 3,000/- was allowed by the Dock staff. Consequent to the representations made by the appellant, the Assistant Collector vide his order dated 25-7-1983, granted a further reduction of Rs. 2,000/- and computed the assessable value of the car at Rs. 39,403/-. The Asstt. Collector while rejecting the claim of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Madhav Rao, Ld. Counsel for the appellant, submitted that the lower authorities should have taken the actual purchase value of DM 14,605 as the starting point from which abatement on account of absence of air-conditioner, radio cassette and replacement cost of tinted glass should have been given. Thereafter, discount and depreciation should be given to arrive at the assessable value. Alternativel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in which they are imported. Admittedly in this case the car is a used one and has been imported without the air-conditioner and radio cassette. These are standard and not optional accessories in the Delux model. There is also the fact that certain items like glass windows having been broken & replaced. When this is so, there is a lot of force in the submission that the standard fittings of the del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at which car bought in Germany DM 14,605 Abatement for items removed Audio cassette DM 800 AC DM 3000 Replacement of tinted glass DM 800 Reduction due to structural defect in the shape DM 4,850 of glass door of rear window DM 250 DM 9,755 Less : 15% Trade discount DM 1463 Less : 33% Depreciation DM 2736 DM 5,556 Add ..... X X X X Extracts X X X X X X X X Extracts X X X X
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