9911796707
TMI Blog1996 (10) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... dent. [Order per : Justice U.L. Bhat, President]. Appellant imported in 1987 a second hand off set printing machine, SOLNA 425, Four Colour 1981 of Sweden origin from a user in Japan and declared value as US $ 40,000 CIF equal to Rs. 5,25,624/-. By the order impugned in this appeal, the Deputy Collector of Customs enhanced the value to Rs. 6,97,462/- CIF and this order was confirmed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if purchased in 1987 would be US $ 80,000 and purchased in 1981 would be US $ 60,000. In other words, the two certificates are similar except for the price of new machine purchased in 1987, one certificate mentions US $ 2,00,000 as the price in 1987 and the other mentions US $ 80,000 as the price in 1987. The explanation offered was that the machine was run electrically and not by higher technolog ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the machine imported by the appellant on the basis of the value of the identical machine imported by the Mathura importer. Such determination of value is now challenged. 3. According to the learned counsel for the appellant, no two old machines will be identical, it is quite possible that the Mathura machine contained extra accessories and was in a better condition, that there could be variatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions made on behalf of the appellant, we agree that 25% cannot be the invariable discount offered in international trade. This is particularly so in the present case since one of the certificates of Chartered Engineers declared the price of the new machine to be US $ 2,00,000. If that be the price, there can be no doubt that there was under declaration of the value by the appellant. There is also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he interests of justice to give a proper adjustment for discount instead of remanding the case at this distance of time. We think that the suggestion is a proper one and we accept the same. In our opinion discount of 15% should be deducted from the value as assessed by the Deputy Collector. 5. We modify the impugned orders by directing that the assessable should be arrived at by deducing 15% fro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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