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TMI Blog1995 (9) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... price of the machine, coming to Rs. 1,63,997/- was low. This was based on examination of the machinery by a panel expert, a copy of whose report was given to the appellants. In this report the panel expert gave the opinion that the value of the machine imported for the purpose of assessment should be in the vicinity of DM 50,000 to 55,000 FOB instead of DM 35,650 indicated by the importer. Show cause notice was, accordingly, issued on 4-4-1985 and the Additional Collector, after considering the appellants reply thereto, passed the impugned order dated 16-4-1985. In his order he dropped the charge of mis-declaration against the appellants and held that they could not be held to have deliberately not declared that the machine was old and use ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of whose report had been given to them. The ld. D.R. pointed out that the import, being of second-hand machinery, there cannot be 100% comparable imports for valuation purposes and in these circumstances, the Additional Collector has rightly based the valuation on the basis of the report of the panel expert suggesting the valuation having regard to the condition of the machine imported. The expert s report clearly indicates that the value declared was substantially low. The Tribunal has also up-held the adoption of the valuation on the best judgment principle in the case of Mudeereswara Mining Industries Co. v. Collector of Customs reported in 1989 (39) E.L.T. 630 (Tribunal) wherein it was held that resort to best of judgment is justified w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laid down in Rakesh Press case (supra) by the Tribunal will become relevant. Paras 19 and 20 of the majority decision in that case are follows : Similarly it is also necessary to keep in mind that in the case of all second-hand machinery exact comparison or a precise determination on that basis is hardly a feasible proposition and to find two cases of second-hand machines identical in all respects was nearly impractical if not an impossible task (exceptions excepted). And in these circumstances the best assessment judgment was the only remedy and could hardly be avoided. Further, such an assessment cannot be set aside if it was based on reasonable considerations and recognised parameters such as comparison with the near equivalents in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the machine imported by it, was correctly valued. This comparison was not accepted by the Additional Collector for the reason that the machine was larger and made in a different year. He had also stated that it had some other accessories which are not specified. The essential reason for not accepting the comparison, therefore was that the machine was larger and made in a different year. 9. In the Rakesh Press case, the machine which had been imported was a Solna 425 four colour offset printing machine manufactured in 1973 and reconditioned. The Customs House enhanced its value by comparing it with a similar machine manufactured in 1975 imported from some other country and also with a Sona 225 two colour offset printing machine. The maj ..... X X X X Extracts X X X X X X X X Extracts X X X X
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