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M/s. International Conveyors Ltd. Versus Commissioner of Customs, Mumbai-I

2015 (10) TMI 2390 - CESTAT MUMBAI

Transaction Value – Rule 4(1) of the Customs Valuation Rules – Department has not been able to dispute the genuineness of the transaction value nor adduced any evidence of contemporary import – Appellant contends that once the Transaction Value is determined under Rule 4(1) there is no question for determining the value under subsequent rules.

Held That:- Reliance on only one part of the Chartered Engineers certificate and ignoring the other part is a misdirected step in arriving at a .....

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he Respondent ORDER Per : P.S. Pruthi This appeal is directed against the impugned Order-in-Appeal dt. 27.2.2004 passed by the Commissioner (Appeals) Mumbai. 2. The appellant imported second hand machinery vide Bill of Entry No. 6330 dated 16.08.1994. As per the License and Technical Collaboration Agreement with BBA Group PLC, a British Company, and SCANDURA INC., a U.S. base Company, second hand machinery was imported at declared price of # 65000 FOB, U.K. Port. Although the appellant produced .....

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easoned order by considering judicial pronouncements including those cited by the appellant. Against the subsequent order of the Assistant Commissioner, the appellant preferred an appeal before the Commissioner (Appeals) who upheld the order of the Assistant Commissioner upholding the loading in value done at the time of original assessment. The appellant are in appeal against this order of Commissioner (Appeals). 3. Heard both sides. 4. The main plea of the Ld. Counsel is that department has no .....

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le 4(1) of the Customs Valuation Rules there is no question of determining the value under subsequent rules. Learned Counsel also submitted that even while arriving at the value on the basis of estimated value at the time of original purchase, the department mistakenly did not deduct the transaction value of # 65000 but deducted #38000 to arrive at the amount by which the value is loaded. 5. The Ld. AR reiterated the findings of the Commissioner (Appeals). 6. We have carefully gone through the f .....

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e on the basis of the Chartered Engineers certificate submitted by the appellant. The relevant portion of the certificate reads as : Value of the capital goods at the time of its original purchase based on purchase price. Not applicable Where the original purchase invoice not available, its approximate value at the time of its original purchase. #200,000.00 Comments on reasonableness of price asked for by the suppliers and the basis for such opinion. The contract price of #65,000 as agreed betw .....

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at this is the approximate value and the value of the goods at the time of original purchase based on purchase price is not available. 6.1. The lower authorities have relied on the Apex Court judgment in the case of Gajra Bevel Gears (supra). We find the facts in the case of Gajra Bevel Gears are at variance from the facts in the present case. In that case the value in the import license was for importing machines of 1984 make and, therefore, it was held that the invoice shall give the price onl .....

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for ascertaining the value. However, in the present case, we find that the Chartered Engineer has not given the price at the time of manufacture. On the other hand, he has certified the transaction price of #65000 to be very reasonable. Thus, the case of Gajra Bevel Gears is distinguishable. On the other hand, the reliance placed by the appellant on the case of Tolin Rubbers Pvt. Ltd. is more appropriate. Reliance on only one part of the Chartered Engineers certificate and ignoring the other p .....

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