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2017 (1) TMI 10 - CESTAT NEW DELHIConfiscation of imported goods - second hand machinery - restricted goods - import licence to be procured - Held that: - We have also held that the goods are liable for confiscation and hence are to be released only on payment of redemption fine and penalty - In the case of Marque Enterprises vs. C.C. (Preventive), Amritsar,[2015 (4) TMI 201 - CESTAT NEW DELHI] the Tribunal has examined various other decisions dealing with import of second-hand photocopiers and has observed that several coordinate Benches have taken a uniform view regarding imposition of redemption fine and penalty to the tune of 10% and 5% respectively. In the facts and circumstances of the case, we are of the view that redemption fine can be reduced to 10% and 5% of the approved value of the goods. Valuation - second hand machinery - Held that: - The nature of the goods is such that the valuation will have to be decided on case to case basis after examining the goods from the point of view of year of manufacture, the present condition of the machinery, expected life span etc. Since it is impossible to find identical contemporaneous import in the case of second-hand equipment, the fixing of price on the basis of the opinion of the Expert Chartered Engineer cannot be faulted with. Appeal disposed off - decided partly in favor of appellant.
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