2018 (5) TMI 269

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....ding 7302990. The value of the goods declared was US$ 329/ - per MT. The goods were examined under first check examination. The department has obtained a report from Chartered Engineer, M/s. Intertek. On the basis of the report, it was contended that since the imported goods (railway axles) can be serviced and reused for the manufacture of other components. Therefore, the Revenue proposed the classification under CTH 86071910. It was also contended that all the secondhand goods are restricted and may be imported only in accordance with the provisions of FTP, ITC (HS), HBP V - 1, public notice or an authorization. It was construed that the goods are falling under the category of secondhand goods as per the Chartered Engineer's certificate. A....

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....n of the revised value was followed. No contemporaneous import was relied upon. Therefore, the enhancement of the value is also arbitrary and without any basis. He placed reliance on the following judgments: - (i) Hindustan Ferodo Ltd. v. CCE, Bombay - 1997 (89) ELT 16 (SC); (ii) CC, Goa vs. Bobsons Corporation - 2014 (301) ELT 423 (Tri. - Mumbai). 3. Shri M.K. Mall, learned Assistant Commissioner (AR) appearing on behalf of Revenue, reiterates the finding of the impugned order. 4. We have carefully considered the submissions made by both the sides and perused the records. We find that the appellant has declared the goods as railway scrap consisting of axles (equivalent to heavy melting scrap). The same declaration is appearing ....

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....as such by proper turning, cutting and grinding. At the conclusion we would like to elaborate that considering all the above points these items/components can either be used for melting purposes or the purposes at described above, hence these items/components (railway axles) can be considered equivalent to heavy melting scrap. ...... If we reckoned the condition of these items/components, as detailed in "TAB - 6" above of this certificate and compare the same with the equivalent make/model new ones, they make an estimated price of USD 106,216.00 (FOB) (USD One Lac Six Thousand Two Hundred Sixteen only) as fair & reasonably rated value. ....... The value assessed, by the Chartered Engineer, in "TA....