9911796707
TMI Blog1989 (8) TMI 240X X X X Extracts X X X X X X X X Extracts X X X X ..... condonation of delay on filing the condonation application. In view of the sufficient cause, delay was condoned and accordingly, this appeal was taken up for hearing on merits. 2. On facts originally the Collector of Customs, Calcutta, vide his order No. 860(V)-178/86-A/S49(V)-8/86A, dated 9-1-1987, has determined the value at Rs. 4,64,747.44 against Rs. 3,32,207.44 = DM 61940.00 C.I.F. as declared by the appellants in the Bill of Entry for their second hand Bar Peelar/Calow DMR 2 for 25-80 (centreless bar turning machine) for M.V. Bengal Progress Rot No. 295/86, Line No. 44 and the order to be loaded for Rs. 1,32,540/-. In view of this (sic) arrived at the value for loading on the basis of the Board letter F. No. 493/39/80-Cus.VI, dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as per guidelines of the aforesaid circular nor was it followed correctly in calculating as it adopted the cost of new machinery in 1981 and allowed the depreciation to arrive at the valuation in the year 1986 without giving deduction towards the spare parts as second hand machine was without spare parts and this aspect was clarified by the very Chartered Engineer as per certificate dated 5-5-1988. He submitted that even depreciation should be worked out year-wise taking into account the exchange rate prevailing at the beginning of a particular year. He strongly contended that the Adjudicating Authority ought to have accepted the Chartered Engineer s Certificate in toto, but instead he accepted part and rejected part without assigning any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry is on the Department and this can be discharged by the Department only on proving of proper facts which would discredit the price mentioned in the bill of entry and not on the basis of mere suspicion. In this case, the Department has not proved any contemporaneous import. In the absence of any such contemporaneous import, there was no reason to disbelieve certificate appraising the value duly issued by the competent person. Even without clarification, it is generally understood that the value of new machine indicates inclusive of spares and value of the old machine is without spares. Hence, the Department was not justified in determining the value as per guidelines issued by the Board without giving valid reason for rejecting the certifi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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