9911796707
TMI Blog2005 (2) TMI 620X X X X Extracts X X X X X X X X Extracts X X X X ..... visual concerts FX as capital goods. The appellants have not challenged the correctness of the order treating the items to be second hand item. It is their contention that both the authorities have accepted the item to be in the nature of office equipment akin to Photocopying machines, computers and PCs which are aids for efficient office functioning offering easy way to connect, conference and making distance communications as natural and interactive, enabling meeting participants as being there. However, the findings recorded that the equipment is covered under DGFT Policy Circular No. 16 (RE-2002)/2002-2007, dated 29-9-2003 which was issued in the nature of a clarification to attract the item under restrictions placed on import of secon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equipment has been treated as capital goods when imported for development of software. The learned Counsel also submits that the transaction value cannot be described and value enhanced on the basis of Internet prices. 2. The appellants have also challenged the enhancement of valuation on the basis of similar items trading on Internet on higher price. In this regard, he relies on the Amar Embroidery v. CC, Mumbai - 2003 (154) E.L.T. 664 (Tri.-Del.), Pearless Pack Ltd. v. CC, New Delhi - 2003 (157) E.L.T. 177 (Tri.-Del.) on the same plea. Further reliance was placed in the judgment rendered in the case of Madhu Overseas Corporation v. CC, Chennai - 2003 (154) E.L.T. 255 (Tri. - Chennai) and that of Speco Industrial Corporation v. CC, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... office equipment and used for rendering services. This judgment clearly applies to the facts of the case. In that view, we hold that the item has to be treated as capital goods meant for rendering services. Hence, they are freely importable. The judgments of the Tribunal in the case of Wipro Ltd. holding that Video Conferencing equipment is capital goods is also required to be applied to the present case. 5. In so far as the enhancement of value is concerned, we find that the authorities have proceeded to enhance the value solely on the basis of bond value shown on the Internet. Such procedure adopted to enhance the value on the basis of Internet has been decreed in the citations cited by the Counsel. The Apex Court judgment in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
