1999 (1) TMI 160

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..... t. [Order per : Gowri Shankar, Member (T)]. - The appellant imported in May, 1997 a consignment of used diesel engines of various makes such as Nissan, Isuzu, Daihatsu. The Custom House objected to the importation on the ground that second-hand goods required an import license which had not been produced. The Commissioner, after hearing the importer (who waived the issue of a written show cause .....

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..... similar makes as the present one, imported in May, 1997 to be 100% of the assessed value of the goods. The Tribunal noted that the order of the Commissioner of Customs No. 70/97 fixing redemption fine at 100% for similar engines imported at the same time had been accepted by the department as correct. It had concluded after considering relevant factors similar]y, the change in the market value dur .....

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..... consignment the examination report would have revealed this, and the sizable value would have been appropriately enhanced. The Commissioner himself does not indicate any particular basis for margin of profit decided by him. In that situation, we think it is correct to determine the margin of profit on the basis of the market prices which we have found to be prevailing in May, 1997, when this consi .....

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