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TMI Blog2008 (10) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... of second hand goods can not be equated with new goods – value adopted by commissioner (A) upheld - As the goods have been imported in contravention of prohibition, the same were confiscated under Section 111(d) of the act – confiscation and penalty upheld. - C/40/2002 - 1174/2008 - Dated:- 7-10-2008 - S/Shri P.G. Chacko, Member (J) and P. Karthikeyan, Member (T) Shri A.K. Jayaraj, Advocate, for the Appellant. Shri M.K.A.K. Mohiddin, JDR, for the Respondent. [Order per : P. Karthikeyan, Member (T)]. - M/s. Verismo Impex, Chennai, had imported a consignment of used colour monitors and declared a value of US $ 6750 in the Bill of Entry dated 13-8-2001. The original authority enhanced the assessable value to US $ 18708.88 under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aluation rules had not been followed and the reasons were not given to reject the transaction value. No incriminating documents had been recovered from the appellants which indicated depression of sale Price. The certificate of the Chartered Engineer had been accepted owing to urgency to clear the goods. The same did not amount to unconditional acceptance of the price. Lower price had been charged as the purchase was in bulk. The authorities had decided the issue arbitrarily. The declared value could not be rejected in the absence of contemporaneous imports of like goods at higher price. The Commissioner (A) was required to act fairly as a quasi judicial authority. The impugned order was vitiated by arbitraneous. The appellants had not been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had indicated his willingness to accept the enhancement recommended by the Chartered Engineer. The assessment of second hand goods is not entirely at par with new goods. Various special factors have to be considered in appraising the value of such goods which only experts like SGS, Chartered Engineers can competently do. Therefore, we do not find that the valuation decided by the Commissioner (A) is not acceptable. 5. As the goods have been imported in contravention of prohibition, the same were confiscated under Section 111(d) of the act in accordance with law. Ideally the Commissioner should have remanded the matter to the original authority to ascertain the market value and the margin of profit before ordering redemption fine. Howeve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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