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2015 (11) TMI 1457 - CESTAT MUMBAI

2015 (11) TMI 1457 - CESTAT MUMBAI - TMI - Valuation - Adjudicating authority rejected the value declared and adopted the value as been allowed at by the chartered engineer’s appointed by them - Held that:- There is no serious challenge from the main appellant as to the ascertainment of the value by the chartered engineer appointed by the Customs Department it is a case of the appellant that the ascertained value of the cranes by the chartered engineer, appointed by the Department as to the valu .....

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board’s circular of 1987 regarding the depreciation is to be followed by the adjudicating authority. We find strong force in the contention of the learner Counsel that entire issue needs reconsideration by the adjudicating authority on various other submissions made by the appellants before him as also the benefit of depreciation as per board’s circular. Upholding the claim of the main appellant that benefit of depreciation as per board circular needs to be given, we set aside the impugned order .....

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nal No. 20/2012/CAC/CC(I)/APS/Gr.VA dated 31.3.2012. Since these appeals are directed against the very same order-in-original, they are being disposed of by a common order. 2. The main appellant in these cases is Tiong Woon Project and Contracting (India) Pvt. Ltd., filed bills of entry for clearance of used crawler crane as imported, is declaring value as under:- Bill of EntryNo. Description of Goods CIF Value declared by the importer, based on report from M/s. SGS Singapore CIF Value ascertain .....

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00,000 Eqv. To ₹ 13,56,00,000/- SGD 52,00,000 Eqv. To ₹ 17,62,80,000/- SGD 37,50,000 Eqv to ₹ 12,71,25,000/- Customs authorities not satisfied with the valuation as declared by the appellant undertook an investigation and appointed local chartered engineer to ascertain the correct value attributable to the cranes imported. The adjudicating authority rejected the value declared and adopted the value as been allowed at by the chartered engineer s appointed by them. Noticing the d .....

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one, assuming the ascertain value by the local chartered engineer being correct, the adjudicating authority should have given the benefit of depreciation as envisaged in CBEC circular number 493/144/86 seaways dated 19/11/1987, and the difference in value in one case is more than the ascertain value and in one case marginal increase. The adjudicating authority after following the due process of law did not agree with the contentions raised and confirmed the demands with interest, ordered for co .....

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ain appellant as to the ascertainment of the value by the chartered engineer appointed by the Customs Department it is a case of the appellant that the ascertained value of the cranes by the chartered engineer, appointed by the Department as to the value of the cranes in the year of manufacture even if taken, depreciation at the rate of 70% of the value as ascertained by the chartered engineer, should have been given. It is a case of the learned Counsel that they would like to go back before the .....

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