9911796707
TMI Blog2011 (8) TMI 185X X X X Extracts X X X X X X X X Extracts X X X X ..... by producing sufficient tangible evidence -Therefore, the reduction of redemption fine and penalty has been accepted by the Tribunal - Decided in favour of assessee. - 662-664 of 2009 - - - Dated:- 23-8-2011 - Mrs.Archana Wadhwa, Mr.Mathew John, JJ. Present for the Appellant: Shri Sonal Bajaj, SDR Present for the Respondent: Shri S.Yadav, Advocate PER: ARCHANA WADHWA Being aggrieved by the order passed by the Commissioner (Appeals), the Revenue has filed the present appeals. We have heard learned SDR and Shri S.Yadav, learned Advocate for the respondents. 2. As per facts on records, the respondents imported 110 pcs. of old and used complete photocopiers incorporating optical systems low duty and medium duty an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ete Photocopiers incorporating Optical Systems Low duty and Medium duty and have not misdeclared the description of goods. They have contested the assessable value determined by the Chartered Engineer as well as market enquiry conducted by the department, behind their back, wherein the market value same goods was obtained as Rs.13,500/- and Rs.22,750/- per piece for low duty and medium duty Photocopier Machine by the adjudicating authority. The appellant have produced some VAT paid sale bills/invoices of same items in which market value of low duty Photocopier machine is Rs.10,000/- per piece and Medium duty Photocopier machine is Rs.15,000/- per piece. They have alleged that the market value of the goods taken is thus on the higher side. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r-in-Original No.30/ADC/CFS/LDH/07 dated 26.05.07 stands modified only to the above extent. 5. The said order is under challenge by the Revenue. 6. As is seen from the above order, the appellate authority has taken into account categorically that the margin of profit for low duty was Rs.200/- and for medium duty was for Rs.500/- per machine. He has also taken into account the fact that with the enhancement of the assessable value, the respondents had to pay higher customs duty alongwith payment of demurrage charges etc. While taking into account the transportation charges as also the recondition charges, he has arrived at the margin of profit. The said findings of the Commissioner (Appeals) do not stand rebutted by the Revenue by pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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