2008 (8) TMI 289 - AT - Customs

Appellants imported old and used photocopier machines and declared the value of Rs. 9,63,282/- supported by invoices. The import of old and used photocopier machines required licence and they did not have the licence so confiscation is justified - Chartered Engineer after examination of the consignments machine-wise gave a detailed report and certified that value declared by the appellants is fair and reasonable therefore, held that declared value will prevail over NIDB date relating to other imports of photocopier showing higher value enhancement of value not justified - redemption fine and penalty reduced

Summary

Issues:
1. Valuation of imported old and used photocopier machines.
2. Requirement of license for import of photocopiers.
3. Confiscation of goods, redemption fine, and penalty imposition.

Valuation of imported old and used photocopier machines:
The appeal involved the valuation of 93 old and used photocopier machines imported without the required license. The appellants declared the value at Rs. 9,63,282/-, supported by invoices. A Chartered Engineer's report certified the declared value as fair and reasonable after examining the machines. However, the original authority valued some machines higher using NIDB data, resulting in an enhanced value of Rs. 16,73,467/-. The Commissioner (Appeals) upheld this decision. The appellants argued that the declared value was genuine and contested the reliance on NIDB data. The Tribunal held that the Chartered Engineer's detailed report should prevail over NIDB data, as it provided specific machine-wise details and certified the declared value as reasonable. Consequently, the Tribunal accepted the declared value and directed duty payment accordingly.

Requirement of license for import of photocopiers:
The issue of whether a license was required for importing photocopiers was raised. The appellants acknowledged the license requirement but highlighted differing High Court views on the matter. They referenced a case where the High Court of Kerala held that a license was necessary for importing second-hand photocopiers under the EXIM policy. The Tribunal affirmed the need for a license for importing photocopiers and upheld the confiscation of goods due to non-compliance with this requirement.

Confiscation of goods, redemption fine, and penalty imposition:
The original authority had ordered the confiscation of goods, imposed a redemption fine of Rs. 17,25,829/-, and a penalty of Rs. 2,00,000/- primarily due to the absence of the required license for import. The Commissioner (Appeals) supported this decision. The appellants argued that they had not accepted the price enhancement and faced challenges in releasing the consignment due to the steep increase in value and redemption fine. The Tribunal found the enhancement of value unjustified and reduced the redemption fine to Rs. 2,50,000/- and the penalty to Rs. 1,00,000/-. Considering the demurrage costs incurred by the appellants, the Tribunal allowed the redemption of confiscated goods at the reduced fine amount. The appeal was disposed of based on these terms.

This comprehensive analysis of the judgment addresses the issues of valuation of imported photocopier machines, the requirement of a license for import, and the decisions regarding confiscation, redemption fine, and penalty imposition. The Tribunal emphasized the importance of the Chartered Engineer's report in determining the fair value of the imported machines and upheld the need for a license while reducing the redemption fine and penalty based on the circumstances of the case.