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TMI Blog2005 (7) TMI 524X X X X Extracts X X X X X X X X Extracts X X X X ..... Kang, Vice-President]. The common issue is involved, therefore, the appeals are being taken up together. 2. Appellants made import of an old and second hand photocopier machine. The price declared by the appellant as per invoice is not accepted by the Customs authority. The goods were examined by the Chartered Engineer of M/s. Moody International (India) Pvt. Ltd. As per the Chartered Eng ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r machines are capital goods. 4. In respect of valuation, the contention of the appellant is that appellant declared the price as per the invoice of the supplier. The goods were re-examined by the Chartered Engineer and as per the certificate issued by the Chartered Engineer, the goods in question are obsolete and year of manufacture is not available and it is only on the basis of some informati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ground that these are not capital goods. Therefore, are imported in violation of the Foreign Trade Policy. This issue is now settled by the Larger Bench of the Tribunal in the case of Atul Commodities (P) Ltd. v. Commissioner of Customs, Cochin Hyderabad (Supra). In this case the Tribunal held that photocopies are capital goods and as per the policy, the second hand capital goods are freely im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dopt the manufacturer value. But there is no mention at what price the manufacturer is supplying the goods. In absence of material particularly, regarding manufacturer value and method of depreciation adopted by the adjudicating authority, the value determined in the order is not sustainable and set aside. The impugned order is set aside and the appeals are allowed. - - TaxTMI - TMITax - Custo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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