https://www.taxtmi.com/caselaws?id=336513 CESTAT Mumbai held that valuation enhancement of imported second hand photocopier machines could not rest on a price drawn from another investigation without examining the imported goods' own condition, use, and remaining life; the enhancement was therefore arbitrary and unsustainable. It further found that differences in quantity shown against some models did not amount to intentional misdeclaration where the total declared import remained 46 units and the value was unchanged in the disputed instances, so confiscation and penalty were not justified. On importability, the tribunal held that second hand photocopiers fell within freely importable second hand capital goods and did not require a licence under the import policy. en-us Mon, 28 Nov 2016 00:00:00 +0530 Tue, 30 Jan 2018 14:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=336513 CESTAT Mumbai held that valuation enhancement of imported second hand photocopier machines could not rest on a price drawn from another investigation without examining the imported goods' own condition, use, and remaining life; the enhancement was therefore arbitrary and unsustainable. It further found that differences in quantity shown against some models did not amount to intentional misdeclaration where the total declared import remained 46 units and the value was unchanged in the disputed instances, so confiscation and penalty were not justified. On importability, the tribunal held that second hand photocopiers fell within freely importable second hand capital goods and did not require a licence under the import policy. Case-Laws Customs Mon, 28 Nov 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=336513