9911796707
TMI Blog2018 (4) TMI 1436X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent(s): Mr. G.M. Sharma, A.R. ORDER Per : Devender Singh The appellant is in appeal against the impugned order dt. 30.04.2014. 2. Brief facts of the case are that the appellant filed a Bill of Entry No. 7994992 dt. 20.09.2012 for the clearance of used Hummer (sports utility vehicle) of USA origin falling under Customs Tariff Heading No. 87032491 under Transfer of Residence Rules. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of VAT and Trade Discount. The value declared by the appellant was rejected in terms of Rule 12 of Custom Valuation Rules 2007 and the assessable value was enhanced to Rs. 1432639.23. The duty of Rs. 24,85,202/- was determined to be payable. On appeal, the Commissioner (Appeals) set aside the order and directed assessment to be done on FOB value of US$ 15820 after including other charges of US$ 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner (Appeals) and the same formed the basis of valuation in the impugned order. On the basis of that invoice, maximum depreciation of 70% as prescribed by the Board Circular of 1993 had been given. The miscellaneous charges, which had been included in value, are all pre-importation. He also contended that maximum depreciation for second hand cars had been given to the appellant. 5. Heard both th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inland haulage charges should also be deducted from the price. The basis for trade discount is 1964 Circular of the Board. On reading of the Circular F.N. 3/23/62-Cus-VI dt. 21.01.1964, we find that the trade discount is meant for the motor cars, which are directly imported from a foreign country by passengers, diplomats and foreign nations. It is evident that it is meant for direct shipment of ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot show that such charges were included in the value. As for the dealer's margin, we find that the question of considering such margin can be there for a new car and not for a used car. As for deduction for parts/accessories fitted by dealer, we find that the vehicle was fitted with these and assessment has rightly done on basis of invoice submitted by the appellant declaring the price of US$ 5273 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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