Home Case Index All Cases Customs Customs + AT Customs - 2017 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (8) TMI 1083 - CESTAT CHENNAIValuation of imported goods - offset printing machine along with standard accessories - enhancement of value - Held that: - customs authorities have rejected the opinion of one expert simply on the basis of opinion by another expert. There is no other sufficient independent reason for such rejection. Such rejection has been held as not valid basis for rejection of Chartered Engineer certificate in the case of Anish Kumar Spinning Mills [2004 (5) TMI 172 - CESTAT, CHENNAI] - reassessment value on the basis of local Chartered Engineer certificate is not valid. Consequently, the declared value backed by the Chartered Engineer certificate from the originator is to be accepted. Confiscation of goods - penalty - Held that: - Admittedly, the imported goods are more than 10 years old in terms of Import Trade Control Regulations in EXIM 2002-07 read with para 3.3 of the Handbook of Procedures of Vol-I. The importers have violated the provisions of Foreign Trade (Development and Regulation) Act, 1992. The goods are therefore liable for confiscation under Section 111 (d) of the Customs Act, 1962 - the importers are liable for imposition of penalty also under Section 112 (a) ibid - however, the redemption fine reduced to ₹ 60,000/- and the penalty imposed reduced to ₹ 30,000/-. Appeal allowed - decided partly in favor of appellant.
|