1989 (9) TMI 248 - AT - Customs

Summary

Issues:
- Assessment of second hand stone edge cutting machine for Customs duty
- Confiscation of imported goods under Customs Act
- Penalty imposition under Customs Act
- Undervaluation and mis-declaration allegations
- Comparison of imported machine with a different machine
- Determination of assessable value based on different criteria
- Acceptance of invoice value for assessment purposes
- Consideration of evidence and documents provided by the appellants
- Application of precedent in similar valuation cases
- Decision on confiscation, fine, and penalty based on evidence

The judgment involves an appeal against an order passed by the Additional Collector of Customs, Mangalore, regarding the assessment of a second hand stone edge cutting machine for Customs duty. The appellants imported the machine and declared a CIF value of Rs. 35,000, but the department valued it at Rs. 4,07,873, alleging under-valuation. The department also raised concerns about the authenticity of the transaction and the relationship between the parties. The appellants argued that the machine was a gift from a temple in Japan and provided evidence to support their claim. The department compared the imported machine with a different one and assessed its value based on depreciation. The Tribunal analyzed the evidence, including invoices and certificates, to determine the assessable value. It concluded that the highest value among those provided by the appellants should be accepted, setting aside the confiscation of goods and penalties due to lack of proven mala fides. The appeal was disposed of accordingly.

The Tribunal considered the authenticity of the transaction and the relationship between the parties in assessing the value of the imported machine. It analyzed the evidence presented by both sides, including invoices, certificates, and affidavits, to determine the assessable value. The Tribunal compared the imported machine with a different one considered by the department and found them not comparable due to differences in design and vintage. It applied a precedent from a similar case to determine the highest value among those provided by the appellants for Customs duty assessment.

The appellants argued that the machine was a gift from a temple in Japan, supported by documentary evidence. They contended that the department's valuation method was flawed and questioned the mode of allowing depreciation. The appellants provided invoices, certificates, and affidavits to prove the authenticity of the transaction and the value of the machine. They highlighted the relationship between the parties and the purpose of the donation to support their case.

The department raised concerns about the authenticity of the transaction and the deliberate under-valuation of the imported machine. It compared the imported machine with a different one and assessed its value based on depreciation. The department contended that the value comparison was valid and that the lower value declared for the machine was intentional. It argued that the Chartered Engineer's certificate did not provide sufficient grounds for certifying the value of a new machine.

In conclusion, the Tribunal accepted the highest value among those provided by the appellants for Customs duty assessment, setting aside the confiscation of goods and penalties due to lack of proven mala fides. The judgment emphasized the importance of considering all evidence and applying a fair valuation method based on the specific circumstances of the case.