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2009 (9) TMI 862 - AT - CustomsRedemption fine - penalty - valuation of imported old/used Photo Copiers/Computers - The Adjudicating Authority did not accept the value as declared by the appellants and subjected the goods for Chartered Engineer’s inspection and for valuation. The Chartered Engineer appointed by the revenue appraised the subject goods and gave certificate regarding the value of the goods - Held that: - The country of origin, the Model No. etc. is of no consequence, as the goods which were imported and cleared are old and used computers is accepted by the revenue in the Order-in-Original. If that be so, the facts are not different, as the fact in all these cases, is that there is only import of old and used Photo Copiers and Computers. The Tribunal found that the value as fixed by the Chartered Engineer’s certificate is an enhanced value from the one declared by the assessee. That duty was imposed reckoning the value as fixed by the Chartered Engineer’s certificate. Therefore, the redemption fine imposed being on such rate as fixed in the certificate issued by the Chartered Engineer, there was escalation in the redemption fine and penalty imposed. Thus, the Tribunal has given its own reasons in the matter of fixing a rate at which the fine should be imposed. The penalty imposed by the lower authorities which is 5% of the value of the imported goods as has been certified by the Chartered Engineer is upheld and the redemption fine is to be calculated and collected to the extent of 15% of the value as has been certified by the Chartered Engineer in all these cases. Appeal allowed - decided in favor of appellant.
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