TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal allows appeal on Import Trade Control violation, recognizing replacement & declared value</h1> <h3>JAY PRINT PACK (P) LTD. Versus COLLECTOR OF CUSTOMS</h3> JAY PRINT PACK (P) LTD. Versus COLLECTOR OF CUSTOMS - 1989 (42) E.L.T. 680 (Tribunal) Issues:1. Import Trade Control2. Correct value of the second-hand printing machine importedImport Trade Control:The appellants imported a second-hand printing machine as a replacement for a damaged one. The import policy had changed, making import of second-hand machines impermissible. The appellants were allowed to import a replacement under OGL-4 of the AM-1984 Policy. The department alleged violation of Import Trade Control due to the machine coming from a different supplier and being second-hand. The tribunal disagreed, stating replacement machines need not be from the same supplier and that second-hand replacements are permissible. They held that the replacement machine being second-hand was acceptable under the OGL-4 entry, thus no violation occurred.Correct Value of the Machine:The value of the second machine was disputed, with the Additional Collector arguing it should be valued at the level of the first machine due to re-conditioning and longer life certification. However, the tribunal noted the economic factors affecting the trade price, including changes in import policies affecting demand for second-hand machines. They found the difference in declared values reasonable, around 23%, considering market conditions. The tribunal accepted the declared value of the second machine, concluding that the appellants were not guilty of mis-declaration. Consequently, the tribunal set aside the impugned order and allowed the appeal in favor of the appellants, providing them with consequential relief.
TaxTMI 