https://www.taxtmi.com/caselaws?id=51848 Age-based confiscation of imported second-hand machinery cannot stand unless the machine's manufacture date is proved by direct and reliable evidence; indirect foreign-agent information and inconclusive database references were insufficient, while a Chartered Engineer's certificate supported the declared age. Enhanced valuation also failed because the declared transaction value was rejected under the residual method without comparable contemporaneous imports or other tangible market evidence, and internet database prices did not show comparable sales of similar used machinery. A later auction sale at a much lower price further undermined the adopted value. Confiscation, redemption fine, and penalty were therefore set aside. en-us Thu, 09 Jan 2003 00:00:00 +0530 Tue, 28 Sep 2010 18:14:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=51848 Age-based confiscation of imported second-hand machinery cannot stand unless the machine's manufacture date is proved by direct and reliable evidence; indirect foreign-agent information and inconclusive database references were insufficient, while a Chartered Engineer's certificate supported the declared age. Enhanced valuation also failed because the declared transaction value was rejected under the residual method without comparable contemporaneous imports or other tangible market evidence, and internet database prices did not show comparable sales of similar used machinery. A later auction sale at a much lower price further undermined the adopted value. Confiscation, redemption fine, and penalty were therefore set aside. Case-Laws Customs Thu, 09 Jan 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=51848