9911796707
TMI Blog1994 (12) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... pondents. [Order per : G.A. Brahma Deva, Member (J)]. - The dispute is in respect of value of the imported car. The appellant imported M/Benz 190-1984 (Brand new) model car and filed a bill of entry for clearance of the said car. The value of the car was determined by the Assistant Collector based upon the manufacturer's invoice without allowing the depreciation on the ground that the car was b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst full depreciation for a year and further the appellant is also entitled to 15% trade discount as it was held in the case of Dr. A.H. Rizvi v. Collector of Customs, Bombay [1994 (74) E.L.T. 454 (Tribunal)] as well as in the case of B.J. Singh v. Collector of Customs - 1990 (45) E.L.T. 474 (Tribunal). She said that actual freight charges incurred by the appellant in this case is 1478 DM and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ported on 9-2-1985 and the car was damaged at the time of import as it was observed by the lower authorities. Since the car was one year old there was no reason restricting for only two quarters as it was rightly argued on behalf of the appellant. Once depreciation is permissible it should be given to full year since the car was imported after one year from the date of purchase. The Tribunal has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilable the Department was not correct in adding the notional value in the absence of evidence brought on record to show that special concession was granted to the appellants. Accordingly we hold that the car is to be re-assessed after allowing trade discount at 15% and depreciation for 4 quarters and further the actual freight charges incurred by the appellant is to be added to the CIF value in ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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