2004 (10) TMI 472

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lete 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/-   -   450/-   15   Olivette 8130 325/-   -   390/-   9   Olivette 8521 250/-   - &n....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....  Trolly 5/-   -   10/-   1   Fiery 10/-   -   20/-   1   2. In view of the ascertained value being higher than the value declared, charges of gross undervaluation with the view of evading Customs duty along with infringement in terms of Para 2.17 of Import Export Policy, 2002-2007 was alleged since as per this para of second hand goods were restricted for import. 3. The Commissioner of Customs, vide the order impugned, held that the value of the goods be increased from the declared value of Rs. 17.29 lakhs to Rs. 21.05 lakhs on the basis of the investigation report of DRI, Kolkata for similar models were said to be have valued at those prices. The goods were accordi....