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TMI Blog2008 (8) TMI 891X X X X Extracts X X X X X X X X Extracts X X X X ..... al goods at identical prices - the Transaction Value is accepted while restricting the RF and penalty to 10% and 5% respectively - appeal allowed - decided partly in favor of appellant. - C/257/2007 and C/306-308/2008 - Final Order Nos. 1070-1073/2008 - Dated:- 28-8-2008 - Shri S.L. Peeran, Member (J) and T.K. Jayaraman, Member (T) Shri Laxminarayan Goyal, Consultant, for the Appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. M/s. Vani Graphics 86 nos. of used Photocopier and 3 Nos. of used Printers The Revenue rejected the Transaction Value and adopted the value estimated by a Chartered Engineer. The Chartered Engineer estimated the value of a new machine and based on that, deductions have been given. However, this is challenged by producing rebuttal evidence i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the ratio of the Tolin Rubbers Pvt. Ltd. case and the earlier ruling rendered in Eicher Tractors Ltd. v. CC, Mumbai -2000 (122) E.L.T. 321(S.C.). The learned Consultant submits that in view of these judgments and further judgments of the Tribunal following the same, as in the cases of (i) CC, Visakhapatnam v. Sooraj Graphics - 2007 (220) E.L.T. 456(Tri.-Bang.); (ii) CC, Cochin v. Ram Impex - 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Tolin Rubbers and in MICO Ltd. The Apex Court has noticed that the transaction value of second-hand machineries cannot be rejected in the absence of any contemporary import of identical goods at identical prices. The issue has been settled in assessee s favour by the Apex Court judgment. This has been followed by the Tribunal in the above noted judgments. Therefore, the value adopted b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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