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Issues:
1. Assessment of imported second-hand machine value based on certificate of Chartered Engineer. 2. Justification for enhancing assessment value and imposing penalty. 3. Compliance with Customs Valuation Rules regarding assessment value. Analysis: 1. The Appellant imported a second-hand machine after reconditioning, supported by a certificate of a Chartered Engineer estimating its value at 46,500 Euro. The Original Authority increased the assessed value based on a contemporary import of a similar machine. On appeal, the Commissioner (Appeals) reduced the penalty but upheld the enhanced value. 2. The Consultant argued that the transaction value backed by the Chartered Engineer's certificate should have been accepted. He pointed out the lack of written reasons for the value enhancement as required by Customs Valuation Rules. The Consultant clarified that the 91,000 Euro value in the certificate was for the current year, while the actual 1997 machine price was 76,000 Euro. 3. The DR defended the higher assessed value and penalty, claiming the machine was undervalued compared to a 1996 machine of better quality. However, the Tribunal found no local Chartered Engineer examination and noted that the declared value aligned with the Engineer's estimate. The clarification received confirmed the machine's 1997 price at 76,000 Euro, not 91,000 Euro as in the certificate. 4. After considering both arguments, the Tribunal ruled in favor of the Appellant. They found no valid reasons to reject the declared value, which matched the Chartered Engineer's estimate. The Tribunal set aside the orders enhancing the value and imposing a penalty, directing that the importer's declared value should be accepted for assessment purposes. 5. Consequently, the appeal was allowed, and the Tribunal's decision was made in the Open Court, emphasizing the acceptance of the importer's declared value for assessment.
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