https://www.taxtmi.com/caselaws?id=114233 At the stay stage, CESTAT, Mumbai held that the importer had a strong prima facie case for waiver of pre-deposit in a valuation dispute concerning second-hand machinery imported from a related concern. The proposed method of taking the higher of the declared value and a depreciated value was treated as inconsistent with Rule 8(2)(ii) of the Customs Valuation Rules, 1985, because it does not permit a system based on choosing the highest of two alternative values. The order also noted that the department had not consistently applied the transaction value approach under Rule 4, and consequently the department was restrained from adjusting the differential duty from the revenue deposit. en-us Tue, 16 Dec 2003 00:00:00 +0530 Sat, 12 May 2012 13:47:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=114233 At the stay stage, CESTAT, Mumbai held that the importer had a strong prima facie case for waiver of pre-deposit in a valuation dispute concerning second-hand machinery imported from a related concern. The proposed method of taking the higher of the declared value and a depreciated value was treated as inconsistent with Rule 8(2)(ii) of the Customs Valuation Rules, 1985, because it does not permit a system based on choosing the highest of two alternative values. The order also noted that the department had not consistently applied the transaction value approach under Rule 4, and consequently the department was restrained from adjusting the differential duty from the revenue deposit. Case-Laws Customs Tue, 16 Dec 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=114233