2017 (1) TMI 1306 - AT - Customs

Valuation - import of old and used photocopier machines - enhancement of value and discarding the declared value - Imposition of redemption fine and penalty - Held that - there is no whisper about any defence led by appellants to appreciate that there was proper declaration of the imported value. Considering the Chartered Engineer s certificate as well as stream of import of the past utility of the goods and the future life span of the photocopiers imported enhancement of declared value made to the above extent is Justified. Coming to redemption fine and penalty looking to the extent of enhancement and the assessable value determined and other relevant factor of age of machines it is considered proper to reduce the redemption fine and penalty - appeal disposed off - decided partly in favor of appellant.

Summary

Issues Involved:
- Declaration of value for imported goods
- Imposition of redemption fine and penalty

Analysis:

Issue 1: Declaration of value for imported goods
The case involved five appeals related to the import of old and used photocopier machines. The declared value of the imported goods was challenged by the authorities, leading to an enhancement of the declared value in all cases. The appellants argued that the declared value was accurate and that the imposition of fines and penalties was unjustified. The Revenue contended that the enhancement of value was justified due to valid reasons. The tribunal examined the evidence, including the Chartered Engineer's certificate, import history, utility of the goods, and future lifespan of the photocopiers. It concluded that the enhancement of declared value was justified based on the evidence presented. The tribunal found no irregularities in the valuation process adopted by the Revenue, upholding the decision regarding the valuation of the imported goods.

Issue 2: Imposition of redemption fine and penalty
Regarding the redemption fine and penalty imposed, the tribunal considered factors such as the extent of enhancement in value, the assessable value determined, and the age of the machines. After reviewing the relevant details, the tribunal decided to reduce the redemption fine and penalty in each case to a justifiable extent. The reduction in fines and penalties varied for each appellant based on the specific circumstances of their case. The appellants were granted partial relief in terms of reduced redemption fines and penalties. The appeals were allowed partially, reflecting the adjustments made to the fines and penalties imposed.

In conclusion, the tribunal upheld the justification for enhancing the declared value of the imported goods and made adjustments to the redemption fines and penalties imposed, providing partial relief to the appellants based on the specific circumstances of each case.