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TMI Blog2017 (1) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts and circumstances of the case, we are of the view that redemption fine can be reduced to 10% and 5% of the approved value of the goods. Valuation - second hand machinery - Held that: - The nature of the goods is such that the valuation will have to be decided on case to case basis after examining the goods from the point of view of year of manufacture, the present condition of the machinery, expected life span etc. Since it is impossible to find identical contemporaneous import in the case of second-hand equipment, the fixing of price on the basis of the opinion of the Expert Chartered Engineer cannot be faulted with. Appeal disposed off - decided partly in favor of appellant. - Custom Appeal No. 53529 of 2015 - C/A/56029/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ell as Shri K. Poddar, ld. A.R. on behalf of Revenue. 3. The goods stand imported under para 2.17 of the Foreign Trade Policy 2009-2014 which reads as follows: all second hand goods, except second capital goods, shall be restricted for import and may be imported only in accordance with the provisions of the FTP ITC (HS), HBP Vol.1, Public Notice or an Authorisation issued in this regard. Import of second hand capital goods, including refurbished/re-conditioned spares shall be allowed freely. However, second hand personal computers/laptops, photocopier machines, air conditioners, diesel generating sets will only be allowed against a licence. Import of re-manufactured goods shall be allowed only against a licence. It is not disp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that the redemption fine and penalty have been imposed arbitrarily and are exorbitant. They have placed reliance on many case laws including the following to support their argument: (i) Marque Enterprises vs. C.C. (Preventive), Amritsar 2015 (329) ELT 307 (Tri-Del.) (ii) H.T. Company vs. C.C., Hyderabad 2007 (208) ELT 507 (Tri-Bang.) (iii) C.C.E., Delhi vs. Best Mega International 2013 (293 ) ELT 243 (Tri-Del.) 5. We have gone through the above case laws. In the case of Marque Enterprises, the Tribunal has examined various other decisions dealing with import of second-hand photocopiers and has observed that several coordinate Benches have taken a uniform view regarding imposition of redemption fine and penal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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