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Issues: Unauthorized import of second-hand machine without specific import license, incorrect declaration of machine value, loading of value by Commissioner, confiscation of machine, redemption fine, personal penalty.
In this case, the appellants imported a second-hand machine and spares without the required import license, leading to the unauthorized import of goods. The machine's declared value was disputed as it did not align with the estimated value provided by M/s. SGS, Italy. The Commissioner enhanced the machine's value to Rs. 32,19,402 after granting a 70% depreciation from the original value, based on Circular No. 495/16/93-Cus. The appellants contested this valuation, citing Circulars 27/98-Cus. and 43/98-Cus., which they believed supported a 90% depreciation. However, the Tribunal found these Circulars irrelevant to the current case, as they pertained to capital goods de-bonded from EOU/EPZ. Consequently, the Tribunal upheld the confiscation of the machine but reduced the redemption fine to Rs. 4 lakhs and the personal penalty to Rs. 50,000 due to the appellants being the actual users of the imported machine. The appeal was partly allowed with the modified fines and penalties.
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