TaxTMI 
TaxTMI 
2024 (3) TMI 1248
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....that the appellants are importers of second-hand printing machines; the appellants imported consignments of second-hand machines; submitted Chartered Engineer Certificates (CE Certificate) at the time of clearance; the proper officer had rejected the CE Certificates furnished by the suppliersand called for local Chartered Engineer to inspect the machines and to issue fresh valuation certificate in respect of the machines and enhanced the value declared thereof; declared value of the one machine was also enhanced by the proper officer at the time of import without calling forlocal Chartered Engineer. Subsequently, acting on an information officers of SIIB, ICD, Tughlakabad, New Delhi investigated the machines imported by M/s WOPL,vide bill of entry No. 642833 dated 01.11.2007, ashow cause notice, dated 4.10.2010 and separate proceedings are going on. 2.1. Meanwhile officers of SIIB also searched the office premises of M/s WOPL on 16.11.2007 and detained 22 old and used printing machines, Imported by the appellants; out of the said 22 machines, 13 old and used printing machines, cleared under 07 bills of entry ( Nos 000164/19.01.2006, 102081/11.09.06, 103074/17.11.2006, 100825/30.05....
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....ith the declared transaction value of the goods, the same was enhanced; in many cases, machines were more than two decade old and had but junk value. He submits that rejection of transaction value and re-determination of value on the basis of Board's Circular on depreciation is not sustainable as per the following. 2019(366) ELT 326 (Tri. - Bang.) -CCE, Cochin Vs Print Tools Corporation 2023 (383) ELT 190 (Tri. - Mumbai) -Sachin K shirsagar Vs CCE, (Import-I), Mumbai 2023 (383) ELT 144 (SC) --CCE, (Import-I)Vs Offshore Pvt Ltd. 5. Learned Counsel submits further that the Circular of the Board no longer relevant for assessment after amendment in law and is not in conformity with the settled law and hence cannot be relied upon; Apex Court in the case of Tolin Rubbers Pvt Ltd Vs CC, Cochin - 2004(163) ELT 289 (SC) relying on their earlier judgment in case of Eicher Tractors 2000 (122) ELT 321 (SC) held that the depreciation method was not applicable when the transaction value was available. CESTAT has held similarly in Veekay Surgicals (P) Ltd Vs CC, Faridabad 2009(245) ELT 501(Tri-Del) Maharashtra Services VS CC, Trichy 2009 (245) ELT 830 (Tri. - Chennai) CC, Ne....
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....ms Valuation Rules, 1988 cannot be used for rejection of declared value; authorities must proceed sequentially under the CVR; assessment cannot be challenged except by way of appeal and the transaction value cannot be rejected unless any of the circumstances mentioned in Rule 4 (2) is present, the transaction value as declared in the Bill of Entry has to be accepted as held in the following cases: CC, Mumbai Vs Bureau Veritas 2005 (181) ELT 3 (SC)- Vadilal Dairy International Ltd Vs CC, Mumbai2005 (180) ELT 436 (SC) Commissioner Vs Jindal Strips Ltd 2003 (156) ELT A385 (SC) Commissioner v. Venus Insulation Products2003 (153) ELT A172 (SC) CC Chennai Vs Forte Garments2002 (150) ELT 622 (Tri. - Chennai) Commissioner Vs Balkishan Dass & Sons 2001 (133) ELT A164 (SC) Mirah Exports Pvt Ltd Vs CC, 1998 (98) ELT3 (SC) Om Shiv Enterprises Vs. CC, Chennai2003 (160) ELT 202 (TRI.). Jindal Strips Ltd Vs CC, New Delhi2001 (133) ELT 570 (TRI.) 11. Learned Counsel submits that reliance on the statement dated 22- 11-2007 of Shri Jaspal Singh is misplaced and the statement of Jaspal Singh Batra dated 10.1.2008 pertains to B/E No.642833 dated 1.11.2007, which was settled....
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....the value of one machine, however, was loaded without referring to a Chartered Engineer; search was conducted on the premises of the appellants on 16.01.2007 and six machines were detained; Revenue obtained another certificate from a Chartered Engineer and accordingly opined that the value of the imported consignment of seven machines was under-declared. Show-cause notice was issued and confirmed confiscating the goods and enhancing the value of the goods declared and imposing penalty on the appellant and their directors. 16. We find that Revenue attempts to sustain the allegations on the Chartered Engineer certificate obtained for the second time; the Board's Circular dated 19.11.1987; the evidence in the form of an insurance policy in respect of some other consignment and the statements of the Director Shri Jaspal Singh Batra. Learned Counsel for the appellants submits that the cross-examination of the Chartered Engineer was not given; Board's Circular was not relevant and the statement of the Directors was misconstrued. We find that Department relies upon evidence gathered during the investigation in respect of some other machine, which the appellants have settled as per the di....