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TMI Blog2011 (8) TMI 955X X X X Extracts X X X X X X X X Extracts X X X X ..... ts filed Bill of Entries for clearance of Old and Used Complete Photocopier Incorporating Optical Systems Low Duty and Medium Duty and declared the assessable value. As the said consignments was not accompanied by the overseas Chartered Engineer certificate as regards the value, year of manufacture and residuary life of the said goods. The goods were accordingly subjected to first check examination and services of Chartered Engineer were also availed. It was found that the machines were more than seven years old and the residuary life of the same were more than five years. The value of the said goods was ascertained to be higher than declared by the importers, based upon the local market enquiries. It was also found that the import of secon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as imported Old and Used complete Photocopiers Incorporation Optical systems-Low duty and Medium duty and have not misdeclared the description of goods. They have contested the assessable value determined by the Chartered Engineer as well as market enquiry conducted by the department, behind their back, wherein the market value same goods was obtained as Rs.15,200/- and Rs.25,750/- per piece for low duty and medium duty Photocopier Machine by the adjudicating authority. The appellant have produced some VAT paid sale bills/invoices of same items in which market value of low duty Photocopier machine is Rs.10,000/- per piece and Medium duty Photocopier machine is Rs.15,000 per piece. They have alleged that the market value of the goods taken i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eaded that in terms of the provisions of Section 115(2) of the Act, the redemption fine imposed under Section 125 shall not exceed the market price of the goods confiscated, less in the case of imported goods the duty chargeable thereon. As such, they have contended that as the market price of the goods was higher and after deducting the duty chargeable the redemption fine imposed by the original adjudicating authority by taking a lenient view was justified and Commissioner (Appeals) should not have further reduced the same. 9. We find that the said Section 115 deals with confiscation of conveyance and only lays down the maximum limit for imposing the redemption fine as the market price of goods sought to be smuggled and does not ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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