- (1.) The issue for consideration in this Civil Appeal concerns determination of the value of a ship imported by M/s. Atam Manohar Ship Breakers Ltd. (respondent herein).
(2.) On 13th April, 1999, a Memorandum of Agreement (MoA) was entered into between the respondent and the seller for importing the vessel for ship breaking. In the said MoA, the value indicated was USD 9,70,906.23. The ship arrived at Bhavnagar on 19th April, 1999. The Customs Officer boarded the ship for inspection on 20th April, 1999. On the same day, a Survey Report was prepared stating that the vessel was suitable to stay afloat at Alang anchorage. On 20th April, 1999, Entry Inward was given to the vessel. On 21st April, 1999, physical delivery was given by the Master to the respondent. The respondent filed its Bill of Entry on 29th April, 1999 in which there was a reference to the MoA dated 13th April, 1999. At this stage, it may be mentioned that, according to the respondent, on 29th April, 1999, an Addendum No. II came to be inserted in the MoA dated 13th April, 1999 which addendum existed on 29th April, 1999 when the Bill of Entry stood filed. By virtue of the said addendum, the price stood reduced from US $ 9,70,960.23 to US $ 8,70,960.23. To complete the chronology of events, it may be stated that on 28th May, 1999, a provisional assessment was made which was finalized by the Assessing Officer (AO) on 11th January, 2001 on the basis of the value of the vessel fixed at US $ 9,70,960.23. The matter was carried in appeal by the respondent to the Commissioner who came to the conclusion, on the facts of the case, that since the price stood reduced prior to the filing of the Bill of Entry, that price constituted the value of the vessel. Accordingly, the Commissioner reversed the order of the AO holding that the value of the vessel was not US $ 9,70,960.23 but US $ 8,70,960.23. This decision was confirmed by the Tribunal. Hence, this Civil Appeal.
(3.) At the outset, we may state that we are concerned with the facts of the present case alone. We do not intend to lay down the law in this case. We have not examined the said question.;