TMI Blog2011 (1) TMI 1014X X X X Extracts X X X X X X X X Extracts X X X X ..... wed by the original authority in determining the assessable value of the vehicles. The original authority also examined whether any depreciation of value could be allowed, and found valid reason not to allow such depreciation, on the facts of the case. authority further allowed 20% discount on the assessable value determined by the lower authority. As a matter of fact, Commissioner (Appeals) has been fair enough to grant reasonable relief to the assessees by taking into account relevant factors like demurrages, adverse weather conditions etc, even after the above discount, the assessable value of the subject-cars remains far above the declared value, there can be no grievance for the Revenue, appeals stand dismissed. - C/1489, 1490, 1491 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the assessing authority disputed the importers claim that the vehicles were brand new. It also determined higher price for each car on the basis of the International Price List ( World Car Guide) and, accordingly, the assessable value of the Mercedez Benz Car was worked out to Rs. 12,69,841/- and that of the Toyota Landcruiser Car to Rs. 21,88,254/- respectively. Show-cause notices were issued to the importers for recovery of duty from them on the above basis. The demand was contested. In adjudication of the show-cause notices, the original authority enhanced the assessable value as proposed in the show-cause notices and denied the benefit of the Notification to the importers. Both the parties preferred appeals to the Commissioner (Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mporary imports of identical vehicles were found by the authorities as a basis for enhancement of assessable value of the subject-vehicles. 3. In the appeals filed by the Revenue, the twin grounds raised by the Revenue are that - (i) the benefit of Notification No.17/01 Cus was not admissible to the assessee inasmuch as the cars were neither new nor unregistered. (2) the discount given by the ld. Commissioner (Appeals) is also questionable inasmuch as the valuation of the goods as it was to be made with reference to the time and place of importation. The ld. SDR has reitereated the grounds of the appeals. He submits that it was not open to the ld. Commissioner (Appeals) to give any equitable relief to the parties. It is subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection with transfer of their residence, they should ordinarily have obtained the invoices with all the relevant particulars mentioned thereon. The absence of address and other identification particulars in the invoices appears to have made the assessing authority suspect the reliability of the declared price. Further, substantially higher prices for identical cars were indicated in the contemporary International Price List (World Car Guide - Edition 2001). We find that the original authority has, while relying on the World Car Guide, taken into account the various factors such as trade discount, tax deduction etc. allowed in other countries in respect of Right Hand Drive vehicles like the subject-cars. It is further noticed that the instru ..... X X X X Extracts X X X X X X X X Extracts X X X X
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