TMI Blog2018 (8) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... ods in question which invoice has not been rebutted by the Revenue by producing any evidence on record. As such, to enhance the value of such goods depending upon the opinion of the Chartered Engineer is not justifiable - enhancement of value set aside. Inasmuch as the appellant have admittedly not produced the license to import the goods. The confiscability of the goods and imposition of penal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngineer, who opined that the value of the tyres should have been on the higher side. Based upon the same Revenue proposed to enhance the value. As the importer of old and used tyres require a license, which was not produced by the appellant, the Revenue entertained the view that goods are liable to confiscation on the said ground also and penalty is required to be imposed. 2. On the above tw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of license but reduced the redemption fine from ₹ 14 lakh to ₹ 13 lakh and from ₹ 7.50 lakh to ₹ 7 lakh. The said order of Commissioner (Appeals) is impugned before the Tribunal. 4. Learned Advocate appearing for the appellant fairly agree that the import was required to be made against a license, which the appellant could not procure and produce before the Customs Autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tors of use of years and residual life. Each second hand item carry different values and exporter and importer may decide upon a particular value of such type of goods. Admittedly the foreign supplier has raised the invoices for the goods in question which invoice has not been rebutted by the Revenue by producing any evidence on record. As such in our views to enhance the value of such goods depen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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