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TMI Blog2001 (7) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... issue involved is a decision on valuation of imported goods, as arrived at by the Commissioner of Customs, Chennai. 2 The appellant had imported 9 second hand 'autoconer machines' under cover of 3 Bills of Entry, in 1994. The imports were made in accordance with the provisions of the EXIM policy, 1992-97 (para 22) and the items in question did not require an import licence for import. The appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be imported under the EXIM policy. It was also contended that as the age of the machines had been wrongly declared, the assessable value had to be calculated afresh, based on the value shown in the Chartered Engineer's Certificate. The appellant preferred a detailed reply to the aforementioned show cause notice, on 31-8-1994. 4. The Commissioner of Customs, Chennai, vide order (original) 295/94 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver of which 7 Autoconers were imported. In these cases, the Commissioner, followed his earlier order and directed the enhancement of assessable value to Rs. 42,74,108 CIF and Rs. 89,45,105 CIF respectively. The consequent duty liability on the appellant in respect of these two consignments was as Rs. 2,94,152/- and Rs. 16,21,949/- respectively. 6. We have heard both sides and considered the sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 (80) ECR 604 (Tribunal) has held that "Chartered Engineer's certificate showing wrong age of machine cannot vitiate the invoice. The invoice value can be rejected only in the circumstances as mentioned in the Valuation Rules" as held in the case of Eicher Tractors Ltd. v. Commissioner of Customs, Mumbai, 2000 (122) E.L.T. 321 (S.C.). The Hon'ble SC has held that - "14. It is only when the tran ..... X X X X Extracts X X X X X X X X Extracts X X X X
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