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    <title>2005 (3) TMI 193 - CESTAT, NEW DELHI</title>
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    <description>Transaction value of old and used photocopiers should not be rejected merely on speculative enhancement material where no evidence of contemporaneous imports is produced; the assessable value loading was therefore unjustified. At the same time, confiscation may be sustained where the import policy treats second-hand photocopiers as consumer goods requiring a valid import licence; on that footing, confiscation was maintained. The monetary consequences of confiscation were moderated because the Tribunal noted its earlier view that such goods had also been treated as capital goods, resulting in substantial reduction of redemption fine and penalties.</description>
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      <description>Transaction value of old and used photocopiers should not be rejected merely on speculative enhancement material where no evidence of contemporaneous imports is produced; the assessable value loading was therefore unjustified. At the same time, confiscation may be sustained where the import policy treats second-hand photocopiers as consumer goods requiring a valid import licence; on that footing, confiscation was maintained. The monetary consequences of confiscation were moderated because the Tribunal noted its earlier view that such goods had also been treated as capital goods, resulting in substantial reduction of redemption fine and penalties.</description>
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