9911796707
TMI Blog2004 (4) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... ertificate from Chartered Engineer has also been filed. This certificate stated that the manufacturer was Motorola, United Kingdom and year of manufacture was 1995. About the price, Chartered Engineer certificate stated as under :- "We estimate the current value of the equipment, at that time (i.e. in the year 1995) to be US $ 35,000. We consider the price asked by the seller namely US $ 12,500 per BTS cabinet CIP New Delhi to be reasonable". 2. Goods on arrival at Delhi were examined by the Customs. It was noticed that all the BTSs, except one, have year of manufacture marked as 1998. One of them was of year 1999. Based on the discrepancy about the year of manufacture (between the Chartered Engineer certificate and the examinatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b properly. It appears either he has not inspected the equipment of deliberately issued the actual year of manufacture as 1995. Moreover he has issued identical certificate for each consignment of five BTS cabinets, whereas 14 BTS cabinets are of 1998 and one of 1999. The certificate thus appear to have been prepared with design to mislead the Customs. In view of the foregoing, I am of the view that current value of the equipment as in the year of manufacture as fresh equipment as US $ 35,000, should be accepted as value of the new original equipment in the years 1998 and 1999 and based on this price for 14 BTS and 1 BTS the price at the time of import should be determined after giving due depreciation and duty should be demanded accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lue was a negotiated price and there is no evidence brought on record to cast any doubt on the commercial character of the transaction value. It is being contended that the valuation certificate of the Chartered Engineer and the estimation of value made by him cannot override the transaction value. This is apart from the fact that, as subsequently clarified, the year of manufacture was entered as 1995 (as against the correct year of 1998-99) by mistake in the certificate. During the hearing of the case learned Consultant representing the appellant also emphasized that price information available only confirms the acceptability of the transaction value. In this connection, appellants have submitted that there was steep fall in telecom equipm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the transaction value was reasonable. The inaccuracies in that report cannot be the sole reason for rejecting the transaction value, particularly when the materials produced by the appellant show that the price of BTSs was falling steeply. That too when the model in question had become obsolete. These facts support the appellant's contention that their purchase price was a fully commercial price. It is well settled [Eicher Tractors Ltd. v. CC, Mumbai reported in 2000 (122) E.L.T. 321 (S.C.)] that unless warranted by the exceptions provided in Rule 4 of Customs Valuation Rules, transaction value should be accepted as assessable value. This position holds good in the case of valuation of second-hand/used goods also. In the present case, no s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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