TMI Blog2004 (10) TMI 472X X X X Extracts X X X X X X X X Extracts X X X X ..... aff it was found that the Model number and description were incomplete and the goods were found to be old and used as declared. On the basis of certain values in the report obtained from DRI, Kolkata the correct value of old and used copier machine was taken as : Model Declared C F Price (FOB) Prices suggested by DRI Ascertained Value (20% Loading) Qty. (No. of pcs) Olivette 7041 175/- - 210/- 4 Olivette 7147 125/- - 150/- 9 Olivette 7141 175/- - 210/- 8 Olivette 8030 325/- - 390/- 3 Olivette 8040 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sclex 2010 125/- 280/- - 1 Richo A 200 250/- - 300/- 1 Richo A 250 250/- - 300/- 1 Richo A 401 300/- - 360/- 1 Xerox 5352 275/- - 330/- 2 Xerox 5765 300/- - 575/- 1 Trolly 5/- - 10/- 1 Fiery 10/- - 20/- 1 2. In view of the ascertained value being higher than the value declared, charges of gross undervaluation with the view of evading Customs duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... depreciation that could be granted. We find no reason to upheld enhancement of valuation when actual sale, as envisaged under Rule 7 at the prices proposed is not on record. The liability to confiscation arrived at under Section 111(m) in the fact of this case cannot be therefore upheld. (b) The appellant have produced Bill of Entry No. 166817, dated 7-7-2003, wherein the redemption fine imposed was about less than 5% of the value of the goods. The plea that the appellant were under bona fide belief that said import are permissible to be imported under the policy, without a specific licence is to be upheld, since they rely on in this Tribunal Order Nos. 563-564/2004-NB(A) dated 8-6-2004 [2004 (171) E.L.T. 460 (T)] certified on 21-6-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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