2008 (9) TMI 751

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....ri L.B. Yadav, DR, for the Respondent. [Order per : M. Veeraiyan, Member (T)]. - Heard both sides. 2. The Appellant imported a second-hand Sammying & Setting Machine of 1997 make after subjecting the same to reconditioning. They produced a certificate of Chartered Engineer dated 23 -1-2002 from the exporting country wherein the value was estimated to be 46,500 Euro. The Original Auth....

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....ngineer related to the current price in 2002 and the price of the machine in 1997 was later on obtained by fax as 76,000/- Euro. 4. The learned DR submits that the authorities below have relied on a higher contemporary price relating to a machine of 1996 make and of better quality and hence enhancement of value and the imposition of penalty are justified as they have tried to misdeclare th....