TMI Blog1996 (7) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... stice U.L. Bhat, President]. The dispute in this appeal relates to one unit of second hand Strausak Hobbing Machine of 1982 manufacture. The appellants declared the value as Rs. 1,03,614/- (Sfrs. 10,000/-). The Assistant Collector did not accept the invoice value, but enhanced the value to Rs. 1,70,364/-. This order has been confirmed by the Collector (Appeals). The importers filed the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asic price of a new machine and deduct depreciation. Adopting this procedure, he arrived at the C F value as Sfrs. 17,043.69. 4. Shri S.N. Khurana, Consultant, who appeared for the appellants places certain decisions of the Tribunal before us to contend that ordinarily transaction value should be accepted and it cannot be rejected in the absence of evidence of contemporaneous import. He also pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence of correctness of the invoice price being filed by the importer, to reject the invoice price, it would be necessary to produce the evidence of alleged higher price of the commodity imported by producing contemporaneous import documents showing higher price. We do not understand the decision as holding that the invoice price has to be accepted where evidence of contemporaneous import is not av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter the date of presentation of the bill of entry, and the copy of the order passed by the Assistant Collector was furnished only about a year later. We find that no ground was taken either before the Collector (Appeals) or in the present memorandum of appeal to the effect that, as a matter of fact, show cause notice had not been issued. Whether notice had been issued or not is a question of fact ..... X X X X Extracts X X X X X X X X Extracts X X X X
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