TMI Blog2010 (10) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... d H.L. Dattu, JJ. REPRESENTED BY : S/Shri V. Shekhar, Sr. Advocate, Ms. Rashmi Malhotra, Mohd. Mannan, Vinamra and B.K. Prasad, Advocates, for the Appellant. S/Shri Amar, Dave, Gaurav Goel, Mahesh Agarwal, Rishi Agrawala, E.C. Agrawala and Ms. Meenakshi Arora, Advocates, for the Respondent. [Order per : D.K. Jain, J.]. - The common issue that arises for consideration in these civil appeals under Section 130E(b) of the Customs Act, 1962 (for short "the Act") relates to the determination of transaction value of ships/vessel, imported by each of the respondents on "as-is/where is" basis, under Section 14 of the Act for the purpose of levy of customs duty under the Customs Tariff Act, 1975. 2. In all these appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s or warranties of any kind, except for what was provided in Clauses 11 and 19 of the Agreement. Clause 19 provided the description of the vessel, and noted the power of the main generator at 450 KW. Clause 11 stipulated the period of notice to the importer on the vessel entering the outer- anchorage at Alang (Gujarat) . 4. On 10th February 1999, an addendum to the MOA was entered into between the seller and the importer to substitute the words KWA with KVA in the description of the generator in Clause 19 of the MOA as also to read the words as "under tow" for the words "under own power." By virtue of the said addendum, the price of the vessel was reduced to US $ 4,88,072 i.e. US $ 104 per long ton. 5. The vessel arrived at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amely conveyor belts and accessories 3,93,066/- C.A. 844/2004 12th January 1999 US $ 66,21,71.35 21st January 1999 US $ 6,39,617.35 27th January 1999 Generator found of 400KW instead of 500 KW 3,07,339/ 9.Hence the present appeals by the revenue. 10. In our view, the issue before us in these appeals is no more; res integra. In Commissioner of Customs (Prev.), Gujarat v. M/s. Atam Manohar Ship Breakers Ltd. (Civil Appeal No. 146 of 2004 [2009 (233) E.L.T. 145 (S.C.)], this Court, dealing with a similar situation, had expressed the view that in cases where the price of the vessel has been reduced by an addendum to the original agreement, the acceptance of the price must turn on the genuine ..... X X X X Extracts X X X X X X X X Extracts X X X X
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