9911796707
TMI Blog2008 (4) TMI 250X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant filed Bill of Entry covering import of two nos. of "old and used" Schlafhorst Automatic Cone Winding Machine, Model No. 138, year of manufacturing 1983. The price of the said machine was declared as US$ 32,000. At the time of examination in Docks, Expert Engineer Appraiser observed that the value declared by the importer was very low and recorded that the correct value of the said two machines should be US$ 60,000 per machine and total value of US$ 1,20,000. The said Bill of Entry was reassessed provisionally and the importer deposited a sum of Rs. 11,00,000/-, under protest, towards differential duty and the goods were cleared, Show cause notice was issued to the appellant asking to explain as to why the total value should n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the appellant cited the case law of M/s. Eicher Tractors Ltd. v. C.C. ,Mumbai as reported at 2000 (122) E.L.T. 321 (S.C.). It is his submission that the learned Commissioner (Appeals) has not given any findings on these points. It is his submission that the law has been laid down by the Hon'ble Supreme Court in the case of Eicher Tractors Ltd. (supra), that the Department should prove whether there is any nexus between the importer and the supplier and whether any more amount is payable other than the invoice value. It is the submission that having not given any findings on these points, the impugned order is not a speaking one. 4. The learned, JDR, on the other hand, submits that the value as has been determined by the lower authoriti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had been imported in good working condition and its expected residual life was more than 15 years. In other words the impugned machines were not scrap as claimed by the appellants. It is now well settled that price of the impugned goods can be determined with reference to contemporaneous imports and lower authority has sought to determine the price of the imported goods with reference to contemporaneous imports only. One year difference in the year of manufacture does not carry much relevance since after 7 or 8 years of usage machines retain their residual value considering repairs and reconditioning done over a period of time to keep the machines in goods running condition and also updating them to the latest technology. There appears to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... &F. The said machine was imported by the appellant on 7-10-97 i.e. after almost 14 years. We find that the said Chartered Engineer's certificate of 1997 clearly incorporated all the requirements, which were given in the CBEC's subsequent circular. We also find that the Chartered Engineer's certificate is not discarded by the learned Commissioner (Appeals). 7. It is also seen that the lower authorities has not considered the CBEC Circular (No. 495/16/93-Cus. VI, dated 26-5-1993) regarding the grant of depreciation benefit to the machine, which were used and old. The said circular indicates that the depreciation should be calculated for the each quarter as per table during the period when machine was used, subject to the maximum 70% of the v ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
