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TMI Blog2024 (6) TMI 401X X X X Extracts X X X X X X X X Extracts X X X X ..... ered Engineer Certificate. As per Clause (c) of Board Circular referred above, old and used goods can be subject to examination of an approved Chartered Engineer in case the goods imported is not accompanied by load port Chartered Engineer Certificate. For these reasons, there are no error in rejecting the transaction value. The value has been enhanced on the basis of the Chartered Engineer Certificate and the CE has considered depreciation also. Taking note of the facts and also after perusal of the order passed by the Original Authority, there are no grounds to interfere with the enhancement of the transaction value declared by the appellant. The same has been enhanced on the basis of the certificate issued by the Chartered Engineer which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dicating Authority enhancing the value of the goods, the appellant preferred an appeal before the Commissioner (Appeals) who upheld the same. Hence this appeal. 2.1 The Ld. Counsel Shri L. Gokulraj appeared and argued for the appellant. It is submitted that there is no valid reason to reject the transaction value. Although the goods were old and used and the appellant had not furnished the load port certificate, the Department ought not to have rejected the transaction merely on assumptions and presumptions. There is no evidence adduced by the Department to show that the transaction value is not the actual amount that the appellant has paid to the overseas supplier. Section 14 of the Customs Act, 1962 was adverted to by the Ld. Counsel to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not in any way satisfied, there is no choice to the authorities but to assess the goods as per the transaction value. The Ld. Counsel prayed that the appeal may be allowed. 3.1 The Ld. Authorised Representative Shri R. Rajaraman appeared and argued for the Department. It is submitted that though the goods imported are used and old goods, the appellant has not furnished the load port Chartered Engineer Certificate with regard to the valuation of the goods. The appellant has not produced the load port Chartered Engineer Certificate and therefore cannot content that there is no material to doubt the transaction value declared in the invoice. Para 1 of the order passed by the Original Authority was adverted to by the Ld. AR to submit that as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alue of such old goods without being supported by a load port Chartered Engineer Certificate. As per Clause (c) of Board Circular referred above, old and used goods can be subject to examination of an approved Chartered Engineer in case the goods imported is not accompanied by load port Chartered Engineer Certificate. For these reasons, we do not find any error in rejecting the transaction value. The value has been enhanced on the basis of the Chartered Engineer Certificate and the CE has considered depreciation also. 5.2 Taking note of the facts and also after perusal of the order passed by the Original Authority, we do not find any grounds to interfere with the enhancement of the transaction value declared by the appellant. The same has b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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