PARAMITA MAHAPATRA Vs. CC

JUDGEMENT

(1.) SMT . Paramita Mahapatra has filed this appeal against Order -in -Appeal No. CAL/CUS/288/2002 dt. 2.8.2002 by which the Commissioner (Appeals) has confirmed the enhancement of the value of the old car imported by her.

(2.) SHRI Rajen Mahapatra, learned Advocate, submitted that the Appellant, having stayed abroad continuously for a period exceeding two years, imported a second hand Ford Granda Scorpio car in 1995; that the Department has assessed the value of the car at Rs. 4,08,837.29 p relying upon the Motor Trade Guide of November 1994; that the said Guide showed the 1984 price of a new Ford Granada Car to be $ 22815 and the Department after allowing the deduction towards depreciation at 60% and Trade discount at 15%, determine the price of old car at 4,08,837.29; that the Commissioner (Appeals) has rejected the appeal holding that no price guide of January, 1995 has been produced and no contemporaneous value being available, the value shown in January 1996 Price Guide cannot be relied upon.

(3.) COUNTERING the arguments, Shri A.K. Mondal, learned SDR submitted that the valuation of the car has been determined as per the guidelines after taking into consideration the price of the car and allowing depreciation.