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TMI Blog2017 (7) TMI 185X X X X Extracts X X X X X X X X Extracts X X X X ..... ifferent to that of Chartered Engineer at load port in respect of one or two machines - customs authorities have rejected the opinion of one expert simply on the basis of opinion by another expert. We note that there is no other sufficient independent reason for such rejection. The imported goods are more than 10 years old in terms of Import Trade Control Regulations in EXIM 2002-07 read with para 3.3 of the Handbook of Procedures of Vol-I. The importers have violated the provisions of Foreign Trade (Development and Regulation) Act, 1992. The goods are therefore liable for confiscation under Section 111 (d) of the Customs Act, 1962 - the importers are liable for imposition of penalty also under Section 112 (a) ibid - however, redemption ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udication, learned Commissioner ordered for enhancement of value of the imported goods in terms of local Chartered Engineer opinion and demanded differential duty of ₹ 9,17,005/-. The goods were confiscated and allowed to be redeemed on payment of fine of ₹ 2 lakhs and penalty of ₹ 1 lakh. Aggrieved by the impugned order, present appeal has been filed. 2. With the above back ground, we heard Shri A.K.Jayaraj, Ld. Advocate on behalf of the appellant as well as Shri B. Balamurugan, Ld. D.R. 3. The learned Advocate argued that customs department had no valid reason for disregarding the overseas Chartered Engineer certificate produced at the time of import. The genuineness of the certificate has not been doubted or disap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ermined by customs authorities on the basis of various factors and not only on the basis of amount paid to the exporter. 5. Heard both sides and perused the records. The Bill of Entry has been filed for clearance of the imported used goods along with a Chartered Engineer certificate from the load port. The same has been disregarded by the customs authorities and the value has been got certified by a local Chartered Engineer who has assessed the value of the goods to be much higher than the declared value. The grievance of the appellant is that custom authorities have disregarded the load port Chartered Engineer certificate without valid reasons to reject the same. There is nothing on record to doubt or disapprove the load port Chartered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e backed by the Chartered Engineer certificate from the originator is to be accepted. 7. Admittedly, the imported goods are more than 10 years old in terms of Import Trade Control Regulations in EXIM 2002-07 read with para 3.3 of the Handbook of Procedures of Vol-I. The importers have violated the provisions of Foreign Trade (Development and Regulation) Act, 1992. The goods are therefore liable for confiscation under Section 111 (d) of the Customs Act, 1962. 8. Consequently, the importers are liable for imposition of penalty also under Section 112 (a) ibid. 9. Keeping in view the facts and circumstances of this case, we reduce the redemption fine to ₹ 75,000/- (Rupees seventy five thousand only) and the penalty imposed to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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