2015 (1) TMI 164

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....rap" on the basis of the invoices of M/s.Canon Singapore raised in favour of M/s.Cimelia Singapore against the expert opinion of Chartered Engineer who has done the detailed examinations of the goods?" 2. The respondent/assessee herein is a 100% Export Oriented Unit, engaged in the business of importing Mixed Electronic Scrap (photocopier scrap) for the purpose of recycling and extraction of certain precious metals out of these scraps and consequently they export the extracted precious metals and refurbished parts. They are allowed to import duty free scrap in question and certain consignments were imported on the value declared. Not satisfied with the valuation of the items and the declaration given by the assessee that it was scrap, th....

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....ased on proper assessment and Chartered Engineer's certificate is presumptory in nature. The Tribunal while accepting that the Commissioner has to determine the value of the goods to a great extent guided by the certificate given by the Chartered Engineer, in the absence of relevant particulars, which have been set out in paragraph 9 of the order, the Tribunal thought it fit that the Commissioner has to redo the exercise and obtain proper certificate with complete particulars on the nature of goods imported for the purpose of proper assessment of the value and readjudicate the case. The order of the Tribunal in paragraph 9 and 10 reads as follows: "9.In a case like this, it is unavoidable that the discretion of the Commissioner in de....