2008 (8) TMI 300 - AT - Customs

Valuation of second-hand imported machines - revenue had not produced any evidence of contemporaneous import and it s value for the purpose of rejecting the Chartered Engineer s certificate. Mere data collected by the NIDB cannot be a ground for rejecting the transaction value of the second-hand machineries - reasons given for rejecting the Chartered Engineer certificate is not sound and clear - held that redemption fine and penalty in respect of import of second-hand goods is fixed at 10% and 5% on the transaction value declared by the assessee

Summary

Issues:
Import of used mixed brand P-II Computers systems with 17" B Grade Monitors, rejection of declared value, reliance on Chartered Engineer's certificate, imposition of redemption fine and penalty, non-acceptance of transaction value for second-hand goods, requirement of manufacturer's invoice, discrepancy in quantity declaration.

Analysis:
The judgment by the Appellate Tribunal CESTAT, BANGALORE involved the import of used mixed brand P-II Computers systems with 17" B Grade Monitors. The appellants relied on a Chartered Engineer's certificate for the declared value, which was not accepted by the Original Authority. The department proceeded to assess the goods independently, rejecting the declared value and imposing a high redemption fine and penalty. The appellants argued that slight variation in the declared value should not be grounds for rejection, citing the need to accept transaction value for second-hand goods as per legal precedents.

The learned Counsel referenced the case law of Eicher Tractors Ltd. v. CC and various rulings of the Bench to support the contention that transaction value for second-hand goods should be accepted. They also argued for a reduction in redemption fine and penalty based on previous judgments. Additionally, they highlighted that the non-production of a manufacturer's invoice should not lead to value rejection, and minor discrepancies in declared quantity should not invalidate the transaction value.

The learned JDR, on the other hand, supported the rejection of the Chartered Engineer's certificate, stating that systematic valuation was lacking in the certificate. However, the Tribunal noted that the revenue did not provide evidence of contemporaneous import values to justify rejecting the certificate. The Tribunal emphasized that without cross-examining the Chartered Engineer or presenting rebuttal evidence, it was not justifiable to dismiss the certificate. They referenced legal cases to support the acceptance of transaction value for second-hand machinery.

Regarding the plea for redemption fine and penalty, the Tribunal referred to multiple judgments advocating for fixed percentages in cases of second-hand machinery imports. They cited the case of Rex Printing Press, Bangalore v. CC, Kolkata to support fixing redemption fine and penalty at 10% and 5% respectively based on the transaction value declared by the assessee. Ultimately, the appeals were allowed based on the terms discussed.