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TMI Blog2008 (12) TMI 555X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent. [Order per : K.K. Agarwal, Member (T)]. - This is an appeal filed by the Revenue. The brief facts of the case are that the respondents have imported a machinery '75" Bag-O-Matic Tyre Curing Press' which was a second-hand machinery and the value declared was US $ 10,000/-. On import the value was enhanced to US $ 20,000/- per machine based on a report of the Chartered Engineer in respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e submitted by the respondent was very vague inasmuch as instead of stating the year of manufacture it simply says that the year of manufacture was less than 9 years and the certificate brings out that the machinery was neither inspected for verifying its functionality as it was in a dismantled condition. It was also submitted that in the case of similar machine imported by another manufacturer th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the Chartered Engineer's certificate relied upon by the department was in respect of totally a different machine which was for 55" as against 75" and further, while their machinery was a single cavity machine, the other machine was double cavity machine and, therefore, its price was higher than the machinery imported by them. In view of the above it was submitted that since the Chartered Engin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was US $ 36,000/-. Similarly, the Chartered Engineer's certificate relied upon by the Revenue states its market value on the date of import as US $ 75,000/- which means there has been a 350% increase in the value which also appears to be unrealistic. In both the case the machines have not been inspected for their functionality as the Chartered Engineer's certificate relied upon by the Revenue very ..... X X X X Extracts X X X X X X X X Extracts X X X X
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