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of <h1>Tribunal rules on imported photocopier parts vs. complete photocopiers, imposes reduced penalties</h1> <h3>OFFICE TEC INDUSTRIES Versus COMMISSIONER OF CUSTOMS, CHENNAI</h3> OFFICE TEC INDUSTRIES Versus COMMISSIONER OF CUSTOMS, CHENNAI - 2004 (172) E.L.T. 480 (Tri. - Del.) Issues:Alleged import of photocopiers, classification of imported items, reliance on expert opinion, valuation for assessment, imposition of penalty.Classification of Imported Items:The appeals involved the classification of imported consignments declared as 'old and used main frame assembly for photocopier.' The Commissioner classified the goods as photocopiers in unfinished condition, leading to an enhanced valuation for assessment. The appellants contended that the items were only parts, supported by expert opinion from M/s. Best Mulyankan Consultants Ltd., Mumbai. The expert opinion confirmed that the consignment comprised old and used parts of photocopiers, not complete photocopiers. The Tribunal noted that the Commissioner erroneously rejected the expert opinion and relied on a previous opinion from M/s. Superintendence Company of India. The Tribunal held that the consignment should be treated as old and used parts of photocopiers based on the expert opinion, and not as incomplete photocopiers. The declarations made in the Bill of Entry were confirmed by the expert opinion, leading to the unsustainable nature of the impugned orders on the issue of classification.Valuation for Assessment:The Commissioner, in the impugned order, enhanced the valuation for assessment in line with the price of photocopiers, based on the classification of the goods as incomplete photocopiers. However, the Tribunal found that the expert opinion confirmed the consignment as old and used parts of photocopiers, not complete photocopiers. As a result, the Tribunal held that the consignments should be assessed as parts based on the values declared, i.e., the transaction value. The Tribunal emphasized that the importer and supplier treated the consignment as parts, not incomplete photocopiers, further supporting the assessment based on the declared values.Imposition of Penalty:While the Tribunal upheld the classification of the consignments as parts and the valuation based on declared values, it noted that the import of second-hand and used items required a license, which the appellant did not possess. Consequently, confiscation and imposition of penalty were deemed justified. However, the Tribunal found the amounts of fine and penalty imposed to be excessive. In Appeal No. C/418/2003, the fine and penalty were reduced to Rs. 40,000 and Rs. 10,000, respectively. In Appeal No. C/419/2003, the fine and penalty were reduced to Rs. 50,000 and Rs. 15,000, respectively. The Tribunal disposed of the appeals with the revised penalty amounts, maintaining the assessment of consignments as parts based on declared values.
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