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of <h1>Tribunal remands case on imported machinery valuation due to inconsistencies</h1> <h3>ZMS TOOLS PVT. LTD. Versus COMMISSIONER OF CUSTOMS, CHENNAI</h3> The Tribunal remanded the case concerning the valuation of imported machineries back to the Commissioner due to inconsistencies in valuation methods. The ... Valuation - Second hand machinery Issues:1. Valuation of imported machineries2. Confiscation and penalty orders3. Contradictory valuation methods used by the Commissioner4. Application of the Apex Court judgment on valuation of second-hand machineryValuation of imported machineries:The Commissioner enhanced the value of imported machineries and directed for confiscation and payment of fines. Different valuation methods were used for various sets of machines, with the Commissioner accepting SGS valuation for some sets but rejecting it for others. The appellant argued that the SGS valuation should be accepted as it was done under the direction of the investigating agency and DGFT. The Commissioner's valuation methods were questioned, especially regarding the depreciation applied and the rejection of manufacturer's values. The inconsistency in valuation methods led to a remand for de novo consideration.Confiscation and penalty orders:The Commissioner ordered confiscation of certain machineries and imposed penalties on the appellant company based on alleged under-valuation and mis-declaration. The appellant contested these orders, claiming that the transaction value was accurate and supported by evidence, including re-valuation by SGS and DGFT. The Commissioner's decision on confiscation and penalties was challenged due to perceived lack of proper application of mind and failure to provide a detailed rationale in the order.Contradictory valuation methods used by the Commissioner:The Commissioner's approach to valuation was criticized for inconsistency, with different methods applied to different sets of machineries. While SGS valuation was accepted for some machines, it was rejected for others, leading to contradictions in the decision-making process. The rejection of manufacturer's values and the adoption of straight-line depreciation for certain machineries were highlighted as problematic. The need for a uniform valuation standard was emphasized, prompting a remand for re-examination of the valuation issue.Application of the Apex Court judgment on valuation of second-hand machinery:The appellant sought the application of the Apex Court judgment in the case of Eicher Motors Ltd. for the valuation of second-hand machineries. The appellant argued that the Commissioner's valuation methods did not align with the principles laid down in the said judgment. The Tribunal, after considering both sides' submissions, set aside the impugned order and remanded the matter to the Commissioner for revaluation in accordance with the guidelines provided by the Apex Court. The order related to confiscation, fines, and penalties was directed to be re-adjudicated based on the correct valuation principles outlined in the Eicher Motors Ltd. case.
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