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TMI Blog2015 (12) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... urther, it is not Revenue’s case that any extra money has been delivered to the foreign supplier, without reflecting the same in the records. Revenue has simplicitor adopted the value of another import of old and used photocopier machines. It may not be out of place to observe here that the value of the second hand goods depends upon the number of factors including the conditions of the goods and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Old and Used Mainframes for Copier Incorporation Optical Systems and filed a bill of entry for clearance of the same by declaring the assessable value as ₹ 11,69,120/-. The said bill of entry was filed on 14-9-2005. Revenue objected that the import of old and used photocopier mainframes is restricted and the importer required an import licence for the same. Further, the value of the same w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t case, the bill of entry was filed on 14-9-2005, we, by following the above decision of the Supreme Court, hold that the items was not restricted. 4. As regards the valuation, we find that inasmuch as the appellant did not produced Overseas Chartered Engineer Certificate, the Revenue engaged a local Chartered Accountant, who opined upon the old conditions of the photocopiers. The Revenue adopt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was not in consonance with the provisions of Rule 4 of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988, inasmuch as there is no evidence for payment of excess money by the importer to the supplier of the goods. 7. Applying the ratio of the above decision to the facts of the instant case, we note that the Revenue has not first rejected the transaction value by produc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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