9911796707
TMI Blog1996 (4) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... the Custom House because of imports of similar machines having been noticed at higher prices. The respondents made their submissions questioning the proposed enhancement of the assessable value. The Deputy Collector of Customs heard their representative and passed his order dated 23-5-1988, enhancing the value to Rs. 8.62 lakhs CIF and also holding that the benefit of Exemption Notification 29/88-Cus., dated 1-3-1988 was not admissible. Their appeal to the Collector of Customs (Appeals) was allowed by that authority in respect of valuation but rejected on the question of exemption notification. Aggrieved with the decision on valuation which went in favour of the respondents herein, the Collector of Customs has filed the present appeal. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation has not been established on account of unsufficient supporting evidence. We find that the declared price of the subject machine, a 1982 model Solna 425 Four Colour offset printing machine with complete accessories has been compared with the price of a number of imports of second hand Solna 425 machines noticed by the Custom House. Such imports were as follows :- Machine Year of Import Year of Manufacture Declared price Solna 425 1984 1982 5,02,000 SK Solna 425 1988 1982 GBP 31,900 Value enhanced to GBP 35,147 for assessment Solna 425 1987 1981 3,43,500 SK As seen from the Deputy Collector's order, the respondents had produced before the Customs Officers a certificate issued by a Chartered Engineer who had opined there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... between Solna 425 and Solna 425 plus machines. While the manufacturer's invoice price for a new Solna 425 plus machine cannot, therefore, be direct evidence regarding the correct value of a new Solna machine, it is a pointer to the non acceptability of the prices shown in the Chartered Engineer's cenrtificate . We find that other imports of second hand Solna 425 machine itself have been considered by the Deputy Collector. These have been referred to by us in paragraph 3 above. Another plea of the respondents is that the price of a second hand machine cannot be compared with that of another second hand machine as their condition may not be the same. While that may be so, there is no reason why the prices of new machines of same model should ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the value adopted in the assessment order related to a machine imported not from Sweden, the country of manufacture but from U.K, we are of the view that the value arrived at on the basis of import from Sweden itself is to be preferred. On that basis the assessable value should be determined as Rs. 7,64,872/-. Incidentally, we find that this import was indicated to the representative of the respondents in the course of the proceedings before the Customs authorities and he had also stated that if it is assumed that 5,02,000 SK represented the correct value of 1982 model in 1984, suitable depreciation should be allowed. We are of the view, as stated above, that the value determined with reference to this machine is appropriate and order that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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