2004 (3) TMI 546 - AT - Central Excise

Summary

Issues:
1. Determination of the year of manufacture of imported second-hand machines.
2. Assessment of the correctness of the transaction value of the goods.

Analysis:

Issue 1: Determination of the year of manufacture of imported second-hand machines

The case involved the import of Second-hand Embroidery Machines by an importer-company, declared as manufactured in 1986. However, investigations revealed that the machines were more than seven years old, contravening the Import Trade Control Policy. The German Customs Authorities confirmed that the machines were likely manufactured before 1936, supported by local inquiries stating the closure of relevant manufacturing companies decades ago. The Tribunal upheld the finding that the imported machines were indeed over seven years old, justifying the confiscation of the goods.

Issue 2: Assessment of the correctness of the transaction value of the goods

Regarding the correctness of the transaction value, the Commissioner had enhanced the value based on a proforma invoice dated 12-7-1993. However, legal precedents established that a proforma invoice does not serve as evidence of the sale price unless followed by actual import. The Tribunal set aside the value enhancement, emphasizing that the transaction value should be accepted. Additionally, the relationship between the supplier and the importer-company was analyzed, concluding that they were not related persons due to the minimal shareholding of the supplier's director. Consequently, the duty demand was set aside, and penalties on the importer-company and its directors were reduced or completely lifted based on individual roles.

In conclusion, the Tribunal partly allowed the importer's appeal, upholding the confiscation of goods due to policy contravention while setting aside the value enhancement. The duty demand was annulled, and penalties were adjusted or removed based on individual responsibilities. The appeals of the three directors were entirely allowed.