2008 (8) TMI 300

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..... Engineer's certificate for the purpose of accepting the declared value. The Original Authority did not accept the Chartered Engineer's certificate suggesting the value in respect of the second-hand imported machines and revenue proceeded to assess the goods independently. The declared value was rejected and department adopted its own value. However, the department has not relied on contemporaneous value for rejecting the transaction value. They have also imposed very high redemption fine and penalty. The appellant's contention is that only in one of the matter, there is slight variation in the value of declaration, which cannot be the ground for rejecting the transaction value or the Chartered Engineer's certificate arrived at the value wit .....

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..... round for discarding the transaction value declared by the importer. In this regard, he relied on the ruling rendered by this Bench in the case of International Trade & Affairs v. CC, Hyderabad - 2003 (162) E.L.T. 584 (Tri.-Bang.) and that of New Techno Graphics v. Addl. CC & CE, Hyderabad-II - 2008 (222) E.L.T. 260 (Tri.-Bang.) 3. The learned JDR argued on the basis of the findings given by both the authorities. He submitted that both the authorities have applied their mind and have justified in rejecting the Chartered Engineer's certificate. The reasons given for rejection is that there is no mention in the certificate about the study made with regard to each computer or monitor imported and no systematic valuation that is expected of a .....

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..... ofar as the plea for fixing the redemption fine and penalty is concerned at 10% and 5% respectively, we notice that there are large number of judgments as cited by the learned Counsel wherein it has been held that in respect of second-hand machineries, it will be just and proper to fix the redemption fine and penalty at 10% and 5% respectively. This was the view expressed in the case of Rex Printing Press, Bangalore v. CC, Kolkata by Final Order No. 1980/04 dated 15-12-2004 [2005 (184) E.L.T. 73 (Tri.)]. In view of this citation, the redemption fine and penalty in all these three cases in respect of import of second-hand goods is fixed at 10% and 5% on the transaction value declared by the assessee. The appeals are allowed on the above term .....

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