2000 (2) TMI 262

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.... per : C.N.B. Nair, Member (T)]. - Appellant questions the correctness of order-in-original No.11/99 dated 8-7-1999 passed by Commissioner of Customs. As per that order Universal Interlock Knitting Machine Model SUI/DA 32" x 24G x 72F imported from Korea under Bill of Entry No. 1076 dated 28-5-1999 was confiscated with the option to redeem the same on payment of fine of Rs. 3 Lakhs and a penalt....

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....gineer, further proceedings were initiated by the Customs Authorities for increasing the value of the machine and for including the value of the cams found accompanying the machine. Importer, namely the appellant, waived show cause notice. Customs were having details regarding the value of similar machines imported from Taiwan. That machine was priced at 25,000 US $. Since the country of origin of....

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....and reconditioned machine. The packing was opened and was inspected in the presence of the agent of the importer. On such examination conducted by the Chartered Engineer, the machine was found to be a brand new one manufactured in March, 1999. Its price was fixed by the Engineer at 17,500 US $. The description of the machine given in the invoice, namely second hand reconditioned machine, was found....