Valuation (Customs) — Transaction value of imported car — Freight and insurance from country of manufacture includible in absence of evidence to show that declared price includes same

The Supreme Court Bench comprising Hon’ble Mr. Justice Syed Shah Mohammed Quadri and Hon’ble Mr. Justice S.N. Variava on 9-9-2002 dismissed the Civil Appeal No…. of 2002 (D21327 of 2001) filed by S.P. Mehta against the CEGAT Order No. 1194/99-A, dated 24-8-1999 and reported in 2000 (124) E.L.T. 879 (Tribunal) (S.P. Mehta v. Collector). While dismissing the appeal, the Supreme Court passed the following order :-

“The civil appeal is dismissed on the ground of delay as also on merits.”

The Appellate Tribunal in its impugned order had held that in the absence of evidence to show that the declared price of imported car already includes freight and insurance from the country of manufacture, the same are includible.

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