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TMI Blog2003 (12) TMI 434X X X X Extracts X X X X X X X X Extracts X X X X ..... JDR, for the Respondent. [Order per : Moheb Ali M., Member (T)]. These appeals are filed by M/s. Essar Steel Ltd., the company who imported the machinery, Shri Wiechert Boekhoff their Technical Advisor and Shri R.R. Rao General Manager of the company. 2. The appellants imported second hand pickling machine and filed a Bill of Entry, dated 26-8-2002 in the Custom House at Surat, along ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellants, the latter person seemed to be the one who had inspected the machinery before it was shipped to India. The value of the new machinery of similar kind to be US $ 7,50,000 as per the Chartered Engineer s Certificate. The then Import Export Policy i.e. 2002-2007 did not allow import of second hand machinery, which is more than 10 years old. The present machinery being more than 10 years ol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is mentioned as 1985. The Customs accepted the value certified by the Chartered Engineer which was US $ 7,50,000 as being fair and reasonable while discarding that the equipments in question were manufactured in 1995. The appellants bona fidely believed that they were procuring machinery manufactured in 1995 and there was absolutely no mala fide on the part of the company or its officer to defraud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id licence the goods are rightly confiscated. In so far as the imposition of redemption fine is concerned we observe that the importer is an actual user industrial. The goods imported are not commercial in nature. In such circumstances imposition of 50% of the value as fine is not justified. It is not that the Department has established that there is such a margin of profit even if these goods wer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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