2015 (12) TMI 583

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....lant. Shri Amresh Jain and Sanjay Jain, ARs, for the Respondent. ORDER Both the appeals, one filed by the assessee and the other by the Revenue are being disposed of by a common order as they arise out of the same impugned order passed by the Commissioner (Appeals). 2. As per facts on record, the assessee imported 119 pieces of Old and Used Mainframes for Copier Incorporation Optical Syst....

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.... regards the assessee's appeal, we find that the Hon'ble Supreme Court in the case of Atul Commodities Pvt. Ltd. v. CC, Cochin reported in 2009 (235) E.L.T. 385 (S.C.) has held that prior to 19-10-2005, the import of second hand and used photocopier machines was free and did not require an import licence. Inasmuch as in the present case, the bill of entry was filed on 14-9-2005, we, by following t....

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....Revenue has not followed the procedure in that case, the Hon'ble Supreme Court adopted the transaction value as the correct value. 6. Similarly, the Tribunal in the case of Maharashtra Services v. CC, Trichy - 2009 (245) E.L.T. 830 (Tribunal-Chennai) observed that adoption of value given by the Chartered Accountant's certificate was not in consonance with the provisions of Rule 4 of the Cust....