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TMI Blog2001 (11) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... r disposal. The Commissioner (Appeals) by the impugned order held that the transaction value of one second hand (used machine) viz. Mortizu Mini Lab Model 1702 comprising of printer processor and film processor 4100 with standard accessories was not acceptable in terms of the commercial invoice showing the price of Singapore Dollar (S$) 25,000 which was supplied by M/s. Rezeki Singapore Pvt. Ltd. Appellants had also filed Chartered Engineer s certificate, dated 24-10-98 which inter alia certified that : (1) It is a re-conditioned machine - year of manufacture 1991 (2) Supplier s invoice value of S$ 25,000 is fair and reasonable (3) The estimated value of equivalent new machinery is S$ 50,000 for export. They also declare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fair and reasonable. It has been stated after confirming that the machines which were evidently in service for roughly 8-9 years were in very good condition and had a life expectancy of another 7-9 years. The Commissioner (Appeals) further noted that the supplier had confirmed the re-conditioning charges were S$ 565 only. Therefore, keeping in mind the facts and circumstances and in the light of the manufacturer informing the investigating officers of the price of the same model in the international market and the year of manufacture, the price as S$ 1,47,500/- the value declared by the appellant at S$ 25,000 was found very low and therefore after granting due depreciation at 85% in terms of the various rules, the price was refixed by enha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the old machinery is required to be valued separately and their transaction value cannot be rejected. They also relied upon the judgment reported in Eicher Tractor Ltd. v. Commissioner - 2000 (122) E.L.T. 321 (S.C.). They also relied upon the judgment in the case of Laxmi Colour Lab v. CC reported in 1992 (62) E.L.T. 613 (Tribunal), which according to the learned Counsel has been confirmed by the Hon ble Supreme Court. He submits that no report has been furnished by the Department to counter the BE in respect of M/s. Agra Colour Lab Pvt. Ltd., dated 29-4-1998. Therefore the transaction value declared by them requires to be accepted. 5. The learned DR Shri C. Mani submits that the appeal of the appellants cannot be accepted for the rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rer s price. Appellants did not produce any rebuttal evidence before the authorities. However, now they have produced the same. The Tribunal had given an opportunity to the Revenue to file a report in respect of the BE filed relating to M/s. Agra Color Lab. The Department has not furnished any report. We are of the considered opinion that in the interests of justice the appellants should be given an opportunity to produce the present evidence before the authorities to establish their case that the transaction value declared by them should be adopted including their other pleas that price of the machine in international market cannot be adopted in their case. The Board s circular lays down the method of giving depreciation for old machine. B ..... X X X X Extracts X X X X X X X X Extracts X X X X
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