2004 (6) TMI 76

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..... s also produced Chartered Engineer's Certificate dated June 30, 2003 in support of the declaration that the goods were less than 10 years old. 2. The Customs authorities got the consignment examined by two Chartered Engineers who expressed the opinion that most of the items were more than 10 years old. The customs authorities thereupon called upon the appellants to explain as to why the goods should not be confiscated since they were more than 10 years old and the import of more than 10 years old machine is restricted under Para 2.7 of the Import and Export Policy. The appellants contested the charge but failed. Under adjudication order dated 17-9-2003, the Commissioner of Customs, Amritsar confiscated the consignment under sub-sections (d .....

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..... very old machines were being imported in the guise of less than 10 years old machines. It is submitted that there is an effort to cover up inasmuch as, the machines are found to be affixed with new specification plates showing year of manufacture as less than 10 years old. New specification plates have been specifically found pasted over old specification plates. He has also pointed out that many major components such as the transformers electrical motors and cables and control boxes were found to bear year of manufacture as 1985, 1986, 1990, 1991 in respect of some machines. The learned DR also defended the finding of the experts. 5. We have perused the records and considered the submissions made by both the sides. We find that the appel .....

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..... chinery Limited     4. Address of Manufacturer : Takeda Mukaisluro-cho, Fushimi-ku Kyoto     5. Machine serial No. & Year manufactured        No. Year manufactured   94SX330780-001 to 005 1994   96SX692800-01 to 03 1996   96SX781950-01 1996   97SX332330-01 to 02 1997   97SX401860-01 1997   6. Purchase Price : JY 96,000,000   7. Present Market Value : JY 105,600,000   8. Minimum Residual Life : 15 years   9. Whether Reconditioned : No   Drawn under documentary credit No. 5843133001 dated May 20, 2003 issued by Citi Bank NA, New Delhi-India   Bill of Lading No. OLBOM03287 shipped per "Sinokor .....

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