2004 (2) TMI 625

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....r per : C.N.B. Nair, Member (T)]. - The appeal is directed against the order of confiscation of 18 photocopy chassis imported at Chennai Port. Declared value was 150 Canadian Dollars per piece. The goods were also declared as 'used'. The Customs Authorities did not accept the declared value and got the value estimated by a Chartered Engineer, who fixed the value at 1000 Canadian Dollar per piece....

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....years old. Chartered Engineer has also put the year of production as 1989 based on the code. Despite all these, the value was fixed at Canadian Dollar 1000 on the estimated price in 1989 of Canadian Dollar 2500 per piece for full machine. It is the learned Counsel's contention that the historical method of valuation adopted by the Chartered Engineer is not a reliable method at all for determining ....

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....as estimated at Canadian Dollar 2500 in 1989. Clearly, the valuation suffers from serious defects. In the absence of model, manufacturer or comparable market price, basic features, etc. valuation does not appear to be having a reliable basis. In the circumstances, we are in agreement with the appellant that the valuation undertaken by the Customs Authorities cannot be upheld. However, the charge o....