9911796707
TMI Blog2004 (1) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... rox Thompson Crown printing press 2 Rs. 65,114/- Thompson Crown Regal Press 2 Rs. 56,080/- Ryobi Printing Press 1 Rs. 37,890/- Guillotine Cutting Paper Machine 1 Rs. 18,946/- 2. In support of the claim for clearance of the goods, the importer produced an invoice, dated 18-10-2001 issued by Business Finance Corporation, Reading, UK addressed to British Printing Press, Nasik Road, M.S. India c/o M.A. Alam 11A, Linwood Road, Handsworth, Birmingham, UK and a certificate issued by Anwari & Wood, Birmingham claiming to be Chartered Engineers. The chartered engineer's certificate indicated the machines to be less than ten years old also giving the value for each of the machines. 3. Inspection of the machine by the officers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 1.50 lakh but otherwise did not interfere. Hence this appeal. 4. The contentions of the representative of the appellant are as follows. The request made for cross-examination of the representative of the Hiedelberg India Ltd. and of the employee of K.R. Bedmutha, made in order to elucidate the basis of the year of manufacture and the basis for valuation, has been denied to it without assigning any satisfactory reason. It is not made clear why the year of the manufacture shown by the chartered engineer is not acceptable. There is no reason why the value shown in the invoice cannot be accepted. The market enquiries, on the basis of which the local chartered engineer has determined the value, had not been communicated to the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... poration of India Ltd. is addressed to the appellant care of M.A. Alam at Birmingham. The Bill of Entry shows the consignment to be M. A. Alam, British Printing Press, Birmingham. The representative of the appellant agrees that it had no branch at any time in Birmigham. He also says, in reply to a question, that M.A. Alam, the cousin of Zafeer Ahmad, the proprietor of British Printing Press. From these documents, it is clear that there was no sale of the goods to the appellant by Business Finance Corporation. The sale was to Alam. The fact that the appellant has so far not paid Business Finance Corporation for any machine as it was stated by the representative also established. There was therefore no transaction of same between it and the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar and valuing the goods by 30% of the original value, a value higher than that cited in the chartered engineer's report will be arrived at. The representative of the appellant agrees that the value given so arrived at, based on depreciation from the cost of manufacture is acceptable. This being the case therefore the value that has been determined in the impugned order, being lower than the value that has been determined by accepting the Board's circular has to be confirmed. 7. We have already noted that serial numbers on 10 Hiedelberg machines were indicated to be more than ten years. Their import therefore require a licence, since the import policy requires such a machine of more than seven years old. The confiscation is therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
