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of <h1>Tribunal overturns customs decision on imported goods valuation, reduces fine.</h1> <h3>SRI VENKATESH ENTERPRISES Versus COMMISSIONER OF CUS., TIRUCHIRAPALLI</h3> SRI VENKATESH ENTERPRISES Versus COMMISSIONER OF CUS., TIRUCHIRAPALLI - 2005 (192) E.L.T. 534 (Tri. - Del.) Issues: Valuation of imported goods, confiscation of goods, challenge to enhancement of valueIn this case, the appellant imported old and used parts of a photocopier and declared the value at Rs. 16,07,567. The declared value was enhanced to Rs. 21,46,876 by the customs authorities due to the goods not being freely importable. The adjudicating authority confiscated the goods and allowed redemption on payment of a fine of Rs. 4.30 lakhs and imposed a penalty of Rs. 1 lakh. The appellant contested the enhancement of the value of the goods, arguing that the Chartered Engineer's certificate used as the basis for the enhancement did not have sufficient information and was based on the engineer's own experience without proper justification.The Revenue contended that based on imports made by other importers, the value of similar second-hand old and used parts of photocopiers ranged from US $99 to $204, thus not accepting the declared value by the appellant. The customs authorities relied on the Chartered Engineer's certificate which lacked details such as year of manufacture, brand name, and model numbers, but still enhanced the value based on comparisons with similar imports.The Tribunal set aside the impugned order regarding the valuation of the goods, noting that the Chartered Engineer's certificate lacked crucial information and the adjudicating authority did not provide evidence of comparable goods being imported at a higher value. The confiscation of the goods was not challenged by the appellant, leading to a reduction in the redemption fine to Rs. 2 lakhs. The Tribunal upheld the impugned order in all other aspects.This judgment highlights the importance of proper valuation of imported goods, the significance of supporting documentation like Chartered Engineer certificates, and the need for authorities to provide concrete evidence when enhancing declared values based on comparisons with similar imports.
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