TMI Blog2004 (5) TMI 172X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter was referred by the Custom House, examined the goods and reported that the machinery had been used for 10 to 15 years. He also assessed its value as Rs. 32,40,000/-. The Custom House also made enquiries with M/s. Rieter LMV Machinery Ltd., Coimbatore, which revealed that Rieter C 1/3 Model Carding Machine was last manufactured in 1982-83 and the approximate value of the new machine was Rs. 14 lakhs. It thus appeared to the Customs authorities that the imported machinery was more than 10 years old, which could not be imported without specific import licence. The appellants could not produce any such licence. The authorities also felt that the goods had been grossly undervalued with intent to evade payment of Customs duty. They he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... foreign supplier of the goods. That Certificate certified (i) that the year of manufacture of the machinery was 1994, (ii) the machinery was purchased by the appellants from a dealer dealing in used machinery, (iii) that the residual life of the machine was more than 10-15 years, (iv) that the value of the machinery as on the date of its manufacture was US $ 7,000/- and (v) that, as on the date of its sale as second-hand machine to the appellants, a value of US $ 3,000/- was reasonable. The Commissioner did not accept this Certificate. He rejected the declared value for want of manufacturer's invoice or any other evidence. We note that the Commissioner has accepted the fact that the goods were imported from a dealer and not from a manufact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for such rejection. In this case, there is no such reason for rejecting the foreign supplier's Chartered Engineer's Certificate. 3. It is also pertinent to note that, even after obtaining the domestic Chartered Engineer's opinion, the department made market enquiries, in which it was found that the value of the subject goods could be Rs. 14 lakhs as at the time of its manufacture. It is not known as to why the Commissioner did not rely on the market enquiry results to doubt the correctness of the domestic Chartered Engineer's valuation. 4. In the case of Commissioner of Customs, Chennai v. DTE Exports Private Ltd. [2003 (151) E.L.T. 380] cited by ld. Counsel, this Bench held that the value of second-hand machinery certified in the Chart ..... X X X X Extracts X X X X X X X X Extracts X X X X
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