9911796707
TMI Blog2000 (10) TMI 241X X X X Extracts X X X X X X X X Extracts X X X X ..... correctness of the value declared by the importer. They caused an investigation to be made to find out the actual value of the machinery. On such investigation they came to the conclusion that the machinery was to be dismantled by the importer and the dismantling costs should be added to the price shown in the invoice and duty levied accordingly. By Order-in-Original No. BKG/CC/ ICD/TKD/7/2000, dated 29-1-2000, the Adjudicating Authority finalised the valuation of the machinery by including dismantling charges of DM 1,40,000. The authority also included differential amount of freight and other expenses stated to have been actually incurred by the importer in making the assessment. Penalty of Rs. 5 lacs was also imposed on the importer unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order the Adjudicating Authority referred to the investigation report submitted by the Officer who investigated the transaction between the importer and their seller namely Hasemann Maschinen. The report of the investigating agency shows that invoice No. 241/94, dated 9-12-94 issued by the supplier is genuine. This conclusion was accepted by the Adjudicating Authority. In other words the Adjudicating Authority proceeded on the basis of the above conclusion reached by the investigating agency that the details mentioned of the invoice in relation to the machinery purchased by the importers were true and genuine. That invoice fixed the price of the machinery at DM 2,10,000. The machinery was sold ex-factory, Sweden. The invoice stated that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... set aside the order of the adjudicating authority wherein the value of the imported machinery was loaded by DM 1,40,000. 7. Adjudicating authority proceeded on the basis that the value of the goods imported exceeded the amount mentioned in the licence. According to the importer this conclusion reached by the authority is also unsustainable because the value of the machinery should have been calculated at the then prevailing exchange rate of one DM is equivalent to 20.32 Indian rupees, as stated in the licence itself. If the value of the machinery was assessed at that exchange rate, it was argued that the value would not have exceeded the amount covered by the licence. We find much force in this argument and we accept the same. The adjudic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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