TMI Blog2005 (6) TMI 555X X X X Extracts X X X X X X X X Extracts X X X X ..... 4, C/222/2004 and C/358/2004 pertain to import of Second Hand Photocopying Machines without licence and the authorities have proceeded to confiscate the goods on the ground that the item requires licence. The value has also been enhanced and the Transaction Value has been rejected. Hence, the appellants are aggrieved with the impugned orders. It is contended by the learned Counsel that the Larger ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of similar orders passed by the Tribunal. In the circumstances, the learned Counsel submits that penalty and fine in these appeals is required to be set aside and Transaction Value should be accepted. 3. The learned SDR reiterated the departmental contention. However, he fairly conceded that the Larger Bench decision and Apex Court rulings are in favour of the assessee. 4. On a carefu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed orders in these appeals are required to be set aside by allowing the appeals. Ordered accordingly. 6. In so far as the appeals C/320, 321 and 401/2004 are concerned, the learned Counsel fairly concedes that the Main Frame of Photocopier requires licence and he does not want to contest the issue except to say that in terms of a large number of judgments cited by him, the penalty has to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case also as there was no evidence of contemporaneous import. The Internet price cannot be accepted as contemporaneous evidence as held in several rulings of the Tribunal and as held in the Apex Court judgment noted supra. We have also seen the judgment of Tribunal in the case of Nova Office System v. CC, Visakhapatnam in Final Order No. 608/2004 -NB -A dated 24.11.2004, by which the Tribunal has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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