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TMI Blog2007 (3) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... 3900W under Bill of Entry dated 12-8-1998, and the other Model No. 999C under Bill of Entry dated 13-12-1998. The appellants declared CIF value of the Crane Model No. 3900W as US $ 1,82,500/- and paid Customs Duty of Rs. 74,29,213/- on provisional basis. In respect of Crane Model No. 999C, the appellants declared its value as US $ 1,60,000/- and paid Customs Duty of Rs. 32,32,461/- on provisional basis. The Cranes were assessed provisionally under Section 18 of the Customs Act, 1962 for the purpose of paying the said duty amounts. These Cranes were old and used and were imported on a temporary basis subject to re-export condition on completion of the contract. Thereafter, the cranes were re-exported under the cover of drawback under shippi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was found that the value declared by the importer of US $ 1,60,000 CIF (which was equivalent to Rs. 68,24,000/- at the prevailing exchange rate). However, the value of similar capacity Crane of 1966 make, imported under Bill of Entry dated 22-8-1998, was equivalent to Rs. 1,74,30,000/- FOB. The CIF value of the said Crane was after adjustments worked out at Rs. 82,81,530/-, and a demand of differential duty amount of Rs. 6,90,416/- was made, which came to be confirmed. 5. The learned Counsel appearing for the appellants in these appeals has strongly contended that, though duty drawback was allowed when the goods were re-exported @ 85% of the provisional duty paid for Crane Model No. 999C and 70% of the provisional duty paid for Crane M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, therefore, the entitlement issue may be decided by the authorities. 7. Admittedly, the provisionally assessed duties were paid in respect of these two Cranes. In respect of Crane Model No. 999C, duty of Rs. 32,32,461 /- was paid on provisional basis and a duty drawback of Rs. 27,47,592/- was a lowed when it was re-exported. There is also no dispute about the fact that, in respect of Model No. 3900W, duty amount paid on provisional basis was Rs 74,29,213/- as against which drawback @ 70% amounting to Rs. 52,44,491/- was allowed when it was re-exported. These drawbacks were allowed under Section 74(2) of the said Act in the context of the duties paid on provisional assessment. As per the Notification No. MF(DR)No. 19-Cus. dated 6th Feb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... value. Reliance was placed by the authorities below on imports on the comparable machinery and, on the basis of best judgment criteria, they have worked out the enhanced value on a rational basis. We do not find any valid reason to take a different view of the matter on the valuation aspect. We, therefore, while confirming the duty demanded on the enhanced assessable value of these two Cranes direct that drawback @ 85% for Model No. 999C and @ 70% for Model No. 3900W should be allowed in the context of the enhanced duty liability, which is confirmed under the impugned orders. Both the appeals are accordingly partly allowed with a direction to the Original Authority to work out the amounts of drawback on the aforesaid basis. it is stated th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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