2005 (6) TMI 489

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....e Appellant. Shri R.N. Viswanath, DR, for the Respondent. [Order per : S.L. Peeran, Member (J) (Oral)]. -  The appellant is aggrieved with Order-in-Original No. 10/05, dated 17-5-2005 rejecting the transaction value of second-hand six colour king web offset printing machines declared through BE 146100, dated 4-8-2004. The goods have been confiscated and an option to redeem the same w....

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.... appointed by the department enhanced the value to Rs. 20,38,950/- as against declared value of Rs. 8,92,335/- and showed the age as more than 10 years. In terms of Para 2.17 of Exim Policy 2002-07 read with Para 2.33 of Handbook of Procedures, the appellants were charged with non-production of valid licence and for mis-declaration of the year of manufacture. The authorities have confirmed the cha....

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....Apex Court wherein also the transaction value was accepted in respect of second-hand machinery. Learned Consultant also submitted that the foreign chartered engineer had clearly opined after due examination of the goods that the age of the second-hand machinery is less than 10 years and the local chartered engineer's certificate is not based on any evidence and is not acceptable. His enhancement o....

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....t in the case of Tolin Rubber Pvt. Ltd. (supra) has clearly held that transaction value in respect of second-hand machinery cannot be rejected. In the present case, the authorities have taken a local Chartered Engineer's certificate to enhance the value and the age of the goods. The appellants have produced foreign chartered engineer's certificate dated 12-7-04. On a clear examination of the goods....