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TMI Blog2008 (8) TMI 891X X X X Extracts X X X X X X X X Extracts X X X X ..... o, Authorised Representative (SDR), for the Respondent. ORDER The issue in all these four appeals is common and hence they are taken up together for disposal as per law. The appellants had imported Second Hand machinery in terms of the chart given below : Sl. No. Name of the appellants Goods imported 1. M/s. New Copier Syndicate 96 Nos. of used Photocopier 2. M/s. Graphica Export & Impor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ney has flowed separately in the coffers of the appellant other than the Transaction Value. It is the submission of the appellants that the Apex Court, in the case of Tolin Rubbers Pvt. Ltd. v. CC, Cochin - 2004 (163) E.L.T. 289(S.C.) has upheld the assessee's contention to adopt the Transaction Value. The said view has been reiterated again by the Apex Court in Civil Appeal No. 7179/2002 in MICO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had obtained the Chartered Engineer's Certificate, which had estimated the value of the goods and based on the said Certificate, the valuation has been adopted. Therefore, the department's adopting the value as per the Certificate given by the Chartered Engineer, should be accepted. 4. We have carefully considered the submissions. We find that the issue is no longer res integra and this very ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces in respect of other machineries, has restricted the RF and penalty to 10% and 5% respectively. In view of the ruling in Rex Printing Press v. CC, Kolkata - 2005 (184) E.L.T. 73 (Tri.-Bang.) and Sooraj Graphics (cited supra), the redemption fine and penalty in these cases is restricted to 10% and 5% respectively. In the result, the Transaction Value is accepted while restricting the RF and pen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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