2017 (3) TMI 163

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.... The above appeal is filed by the appellant against order of the Commissioner (Appeals) who upheld the redemption fine and penalty imposed. 2. The appellant imported old and used photo copier machine vide Bill of Entry dated 27.05.2008 declaring the value at Rs. 15,74,993/-. The goods were examined and thereafter as per the Chartered Engineer certificate the valuation of the goods were arrive....

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....nsideration by the Tribunal, which he has not done. In view thereof, I take up the matter for disposal after hearing the Ld. AR as well as perusal of records. 4.  On behalf of department, the Ld. AR Sh. Arun Kumar submitted that the redemption fine and penalty imposed are reasonable and proper. That the said redemption fine has been imposed after taking into consideration the margin of pro....

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....y. The authorities below have discussed in  detail with regard to the valuation arrived on the basis of the Chartered Engineer certificate. According to appellant no margin of  profit can be arrived for used second hand photocopiers and the estimation of margin of profit is wrong. The very same ground that appellant ought to be given a chance to challenge the market price/margin of profi....