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TMI Blog2005 (6) TMI 489X X X X Extracts X X X X X X X X Extracts X X X X ..... DR, for the Respondent. [Order per : S.L. Peeran, Member (J) (Oral)]. - The appellant is aggrieved with Order-in-Original No. 10/05, dated 17-5-2005 rejecting the transaction value of second-hand six colour king web offset printing machines declared through BE 146100, dated 4-8-2004. The goods have been confiscated and an option to redeem the same was given on payment of redemption fine o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e value to Rs. 20,38,950/- as against declared value of Rs. 8,92,335/- and showed the age as more than 10 years. In terms of Para 2.17 of Exim Policy 2002-07 read with Para 2.33 of Handbook of Procedures, the appellants were charged with non-production of valid licence and for mis-declaration of the year of manufacture. The authorities have confirmed the charge made against the appellants. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... value was accepted in respect of second-hand machinery. Learned Consultant also submitted that the foreign chartered engineer had clearly opined after due examination of the goods that the age of the second-hand machinery is less than 10 years and the local chartered engineer's certificate is not based on any evidence and is not acceptable. His enhancement of the value is also not based on any evi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upra) has clearly held that transaction value in respect of second-hand machinery cannot be rejected. In the present case, the authorities have taken a local Chartered Engineer's certificate to enhance the value and the age of the goods. The appellants have produced foreign chartered engineer's certificate dated 12-7-04. On a clear examination of the goods he has opined that the age of the machine ..... X X X X Extracts X X X X X X X X Extracts X X X X
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