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TMI Blog2022 (11) TMI 1194X X X X Extracts X X X X X X X X Extracts X X X X ..... THAT:- The appellant has definitely imported the restricted goods for use as capital goods to be installed in their Hospital/ Nursing Home. Further, it is found that the goods are not prohibited goods and as the goods are admittedly second hand goods, this falls under restricted goods under the FTP. It is further found that as the goods are admittedly more than ten years old, and under Rule 3(5) of the Cenvat Credit Rules, depreciation of 2.5% is available for each quarter on straight line basis on the capital goods. Thus, the value becomes NIL after ten years of user of capital goods. The rejection of transaction value is bad. Thus, the declared value is accepted. Thus, no differential duty is payable. However, the goods have been righ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f lading and to report- (i) Year of manufacture (ii) Name of manufacturer and country of origin (iii) Model No. make and serial number (iv) Spares / accessories (optional/standard) (v) Any other point relevant for valuation/ITC (vi) Signed catalogue found in the packing to be forwarded to group (vii) Whether the reconditioned/ refurnished and to check if the goods do not generate E-waste. 4. The Chartered Engineer certificate of load port was not available and accordingly a report from local Chartered Engineer was decided to be taken. Sh. Naveen Arora, Chartered Engineer was issued inspection reference dated 16.01.2018. He prepared a report giving details wherein the make of the goods, year of manufacture, price in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the goods is liable for rejection in terms of Rule 12 of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 read with Section 14 of the Act. The freight and insurance comes to Rs. 8,585/- on total CIF value Rs.6,56,155/- duty comes Rs. 1,97,857/-, and the differential duty amount comes to Rs.1,35,041/-. The appellant importer by letter dated 18.01.2018 requested for waiver of show cause notice and for a decision on merits. Thereafter, vide order-in-original dated 12.02.2018, the Joint Commissioner was pleased to reject the transaction value and re-determine the same at Rs. 6,56,155/- and was pleased to order confiscation of the goods under Section 111(d) and giving option to redeem the same on payment of redempt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant has definitely imported the restricted goods for use as capital goods to be installed in their Hospital/ Nursing Home. Further, I find that the goods are not prohibited goods and as the goods are admittedly second hand goods, this falls under restricted goods under the FTP as noted hereinabove. I further find that as the goods are admittedly more than ten years old, and under Rule 3(5) of the Cenvat Credit Rules, depreciation of 2.5% is available for each quarter on straight line basis on the capital goods. Thus, the value becomes NIL after ten years of user of capital goods. Accordingly, I hold that rejection of transaction value is bad. Thus, the declared value is accepted. Thus, no differential duty is payable. However, the goods ..... X X X X Extracts X X X X X X X X Extracts X X X X
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