2004 (10) TMI 472

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.... Model number and description were incomplete and the goods were found to be old and used as declared. On the basis of certain values in the report obtained from DRI, Kolkata the correct value of old and used copier machine was taken as : Model Declared C & F Price (FOB) Prices suggested by DRI Ascertained Value (20% Loading) Qty. (No. of pcs) Olivette 7041 175/-   -   210/-   4   Olivette 7147 125/-   -   150/-   9   Olivette 7141 175/-   -   210/-   8   Olivette 8030 325/-   -   390/-   3   Olivette 8040 375/-   - &n....

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....   4   Selex 4100 375/-   -   450/-   6   Sclex 2010 125/-   280/-   -   1   Richo A 200 250/-   -   300/-   1   Richo A 250 250/-   -   300/-   1   Richo A 401 300/-   -   360/-   1   Xerox 5352 275/-   -   330/-   2   Xerox 5765 300/-   -   575/-   1   Trolly 5/-   -   10/-   1   Fiery 10/-   -   20/-   1   ....

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....pheld merely on the basis of a report, as in this case, as the goods imported presently were never seen by the Experts and no finding arrived as to the extent of use and deterioration, depreciation that could be granted. We find no reason to upheld enhancement of valuation when actual sale, as envisaged under Rule 7 at the prices proposed is not on record. The liability to confiscation arrived at under Section 111(m) in the fact of this case cannot be therefore upheld. (b)     The appellant have produced Bill of Entry No. 166817, dated 7-7-2003, wherein the redemption fine imposed was about less than 5% of the value of the goods. The plea that the appellant were under bona fide belief that said import are permissible ....