TMI Blog2005 (4) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... both sides. 2.Appellant filed this appeal against the adjudication order passed by the Commissioner of Customs. 3.Brief facts of the case are that the appellant made import of three used machines and declared the value at Rs. 61,72,660/-. The Customs authorities on the basis of the import made by M/s. Sony India rejected the value declared by the importer and enhanced the same to Rs. 1,06,71,3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Samsung Korea further purchased those machines from other trader, therefore, there is no basis to reject the transaction value. 6.The contention of the appellant is also that the appellant declared price of the machines as per the appraisal report supplied by M/s. Samsung Korea, therefore, there is no mala fide intention on their part to evade payment of duty. 7.The contention of the Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he value of the new machine and after giving depreciation arrived at a value of the machine for assessment of custom duty and the value so arrived on account of cost of reconditioned of the machine. The Revenue relied upon the decision of the Hon'ble Supreme Court in the case of Gajra Bevel Gears v. Collector of Customs, Bombay reported in 2000 (115) E.L.T. 612. The contention of the Revenue is th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e value of new machine as US $ 1,10,000/- for arriving at the value of second-hand machines in question. We find in view of the information supplied by Panasonic, Japan manufacturer, the original price was much higher than taken into consideration the appraisal report. Therefore, we find no infirmity in the impugned order whereby the declared value was not accepted by the customs. After rejecting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... side. 10.There is no evidence on the part of the appellant that they have misdeclared the value of the goods. The value was declared as per the transaction value and the value, which was mentioned in the appraisal report and the same was also produced by the appellant before the Custom. Therefore, the confiscation of the goods and imposition of personal penalty is set aside. 11.The appeal is d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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