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TMI Blog2018 (4) TMI 1253X X X X Extracts X X X X X X X X Extracts X X X X ..... nature without any accompanying load port Chartered Accountant Certificate. On perusal of documents furnished by importer, it emerged that goods had been purchased in an e-auction. However, the invoice furnished by the importer does not indicate the year of manufacture, model number, period of usage and extent of reconditioning, if any. The importer did not also furnish any document from supplier in this regard. The declared unit value of the machinery was in Australian Dollar (AUD) 1703.90. It appeared to the Custom House that the price of the machinery when worked out per ton basis was much than the price per ton of Heavy Melting Scrap imported from Australia during that period which was in the vicinity of AUD 400/ton. The goods were exam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent country of even higher capacity where the mark value applicable was much lower than that adopted by the customs authorities. 3. On the other hand, Ld. A.R takes us to the copy of Chartered Engineer Inspection Report and Valuation certificate dt. 30.04.2013 in page 30 of the appeal book to point out that the inspection of the goods was caused only at the request of the CHA. Ld. AR also submits that detailed reasoning for rejecting the declared value has been given by the original authority. Hence value caused by the department is very much in order. 4. Heard both sides and have gone through the facts. 5. The appellants have contended that the goods were purchased by them in and through e-auction only and the purchase price as indicate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hy the value of such used second hand goods cannot be adopted on the basis of the declared value and why the local Chartered Engineer had to examine and value the goods. It has also been pointed out that even the deduced value of the used machinery works out to AUD 66000 (FOB) which is comparable to the value of AUD 66800 arrived at by the local independent Chartered Engineer. The fact that the declared value of the goods was much lower than per/ton value of industrial scrap imported from the same country, though not an approved method for arriving at the transaction value, is nonetheless an indicator of the grossly low value of the imported goods as declared. We do not find any infirmity in the order of the lower appellate authority uphold ..... X X X X Extracts X X X X X X X X Extracts X X X X
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