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TMI Blog1988 (3) TMI 351X X X X Extracts X X X X X X X X Extracts X X X X ..... e done and show cause notice was issued to the appellants; who answered but waived personal hearing. The Collector taking note of a certificate issued by Sh. V.N Vedamurthy (Asstt. Professor of Mechanical Engineering, Anna University of Technology) held that there was, on the part of the appellants, a deliberate attempt to misdeclare the description and value of the imported goods with a view to get the same cleared under cover of an import licence issued for assemblies and spare parts of specific description as per list attached thereto. He therefore confiscated the goods but gave an option for redemption of the same on payment of fine of Rs. 20,000. He also imposed a penalty of Rs. 25,000. The Collector further raised the assessable value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oller mill was not imported and submitted that the customs arrived at the value of the imported goods by taking the Value of a complete flour mill and arriving, on the basis of the same, at the alleged amount of under valuation. He submitted that even though it was admitted that exhaust system was not imported, allowance was not made on account of the same, the Bench questioned the Ld. Advocate as to what would be the value of the exhaust system. This query could not be answered. 4. Sh. S. Krishnamurthy, Ld. SDR opposing the arguments submitted that the appellants produced a licence only for spares whereas according to the report of Dr. V.N. Vedamurthy, an expert, a complete roller mill was imported. With regard to value Sh. Krishnamurthy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plete units that cannot be construed as spare parts or sub-assemblies............ . There is no doubt that the appellants imported complete units and that the licence did not cover the same. 7. We have however taken note of the submissions made by the Ld. Advocate that as recorded by the Board the appellants could have had a reasonable chance of obtaining an import licence for a complete plant as well. At the same time we note that such a licence was not produced. 8. We examined the question of valuation also. It is true that the value of the exhaust system was not specifically excluded from the assessable value. We are unable to give any relief on this account as the appellants have not stated actual value of this part. However, we not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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