Valuation (Customs) — Second-hand car, Import of — Transaction value comparing favourably with value worked out from manufacturer’s price indicative of normal commercial transaction

The Supreme Court Bench comprising Hon’ble Mr. Justice Syed Shah Mohammed Quadri and Hon’ble Mr. Justice S.N. Variava on 26-8-2002 after condoning the delay dismissed the Civil Appeal No. D12002 of 2002 filed by Commissioner of Customs, New Delhi against the CEGAT Order No. 12/2002-A, dated 4-1-2002 and reported in 2002 (140) E.L.T. 545 (Tri. - Del.) (H.S. Mahadeva v. Commissioner).

The Appellate Tribunal while relying on an earlier judgment in the case of Balbir Saluja v. Commissioner reported in 2001 (134) E.L.T. 721 (Tribunal), had held that when transaction value of second-hand car, imported, is comparing favourably with value worked out from original manufacturer’s price, it is indicative of normal commercial transaction of import.

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