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TMI Blog2011 (1) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... ERAIYAN This is an appeal against the order of the Commissioner No.03/Cus/2007 dated 13.04.2007. 2. Heard both sides. 3. The appellant imported 1635 numbers old and used monitors of different sizes, 319 numbers old and used P-3 system, 93 numbers old and used TV and 41 numbers of old and used laminators and filed bill of entry declaring the value as Rs.80,8,945/-; the goods were declared to be of UK origin: the import of goods was supported by chartered engineer certificate which also indicated the value of consignment. The goods were subjected to examination with the help of charted engineer under first check procedure. The goods were found to be old and used; they were found to be originated of different countries,Indonesia,T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... life, and physical conditions of the goods are not justified. 4.3. Therefore, he submitted that the enhancement of the value for assessment purpose was not justified. Since the redemption fine and penalty for violation of licensing restriction have been imposed in the light of enhanced value, the same requires to be substantially reduced. 4.4 In support of his submissions, he relies on the decision of the Tribunal in the case of Anish Kumar Spinning Mills vs. CC, Tuticorin reported in 2004 (172) ELT 394 and submits that the appeal filed by the department against the said decision before the Hon ble High Court stands dismissed. He also relies on the decision of the Tribunal in the case of MECH TECH vs. CC, Tuticorin reported in 2009 (2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s sufficient independent reason for such rejection . In the present case, no valid reason exists to reject the value estimated by the overseas chartered engineer basing reliance on the value estimated by local chartered engineer which itself was based on local market enquiry. 7. In view of the above, we set the order of the Commissioner in enhancing the assessable value. We direct that for the purpose of assessment, the declared value shall be adopted. 8. The confiscation of the old and used goods for having imported without the required licence deserves to be upheld. However, considering that the value declared by the appellant stands accepted by us, we deem it appropriate to reduce the redemption fine from Rs.5 lakhs to Rs.2.5 lak ..... X X X X Extracts X X X X X X X X Extracts X X X X
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