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TMI Blog2023 (5) TMI 727X X X X Extracts X X X X X X X X Extracts X X X X ..... ept enhancement on the basis of C.E. s Certificate, there is no other material on record to inform that declared value was mis-declared. As in the case of Bhawani Enterprises for earlier import of identical goods, it was held that there was no restriction of import of the subject goods, it is held that no specific license is required for import of the impugned goods. Further for enhancement of value, the Chartered Engineer s Certificate cannot be relied upon unless there is corroborative evidence. Appeal of Revenue dismissed. - Customs Stay Petition No.75325 of 2014 & Customs Appeal No.75222 of 2014 - FINAL ORDER NO. 75404/2023 - Dated:- 12-5-2023 - HON BLE MR.ASHOK JINDAL, MEMBER (JUDICIAL) And HON BLE MR.RAJEEV TANDON, MEMBER ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d machines were found to be minor reconditioning and values were assessed on the enhanced value as compared to declared value. The said value was arrived by Chartered Engineer after inspection and production of market value recommendations based on several aspects like useful life of machines/Make Model/technology/country of origin/physical condition/comparison with similar goods imported in past/internet information/reconditioning etc.. It was held that the said consignment being second hand was restricted item in terms of Para 2.17 of Foreign Trade Policy, 2009 2014 and Para 2.33 2.33A of HBP and could be imported against valid license. On appeal, the ld.Commissioner (Appeals) held that for the impugned goods, no license is required ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ree with Commissioner (Appeal) s findings that (i) mere enhancement of value on the basis of C.E. certificate cannot be a ground for treating declared value as mis-declared unless there is other corroborative evidence. (ii) except enhancement on the basis of C.E. s Certificate, there is no other material on record to inform that declared value was mis-declared. As in the case of Bhawani Enterprises (supra) for earlier import of identical goods, it was held that there was no restriction of import of the subject goods, we hold that no specific license is required for import of the impugned goods. We further find that for enhancement of value, the Chartered Engineer s Certificate cannot be relied upon unless there is corroborative eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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