TaxTMI 
TaxTMI 
2008 (8) TMI 349
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....ed by the assessee and the other by the department. The stay application filed by the Revenue is for stay of operation of the impugned order, while the one filed by the assessee is for stay of recovery as well as for waiver of predeposit. There is a third application filed by the assessee, which is for out-of-turn disposal of their appeal. After examining the records and hearing both sides, we are of the view that both the appeals require to be finally disposed of at this stage. Accordingly, alter allowing the early posting application and dispensing with pre-deposit, we take up the appeals. 2. M/s. Shikha Marketing Solutions, hereinafter referred to as 'the assessee', had imported old and used photocopier machines (21 pieces) along with....
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....ch were to the extent of 100% of the accepted value of the goods. Aggrieved, the assessee preferred an appeal to the Commissioner (Appeals) and the latter allowed the appeal to the extent of reducing the value of the goods to the level determined by M/s. SGS India Pvt. Ltd. The appellate authority remanded the case to the lower authority to requantify the duty accordingly, as also to determine fine and penalty afresh. Still aggrieved, the assessee has filed Appeal No. C/257/2008 praying for acceptance of the declared value and for determination of reasonable fine and penalty. The Revenue is also aggrieved by the decision of the lower appellate authority and their Appeal No. C/204/2008 is against rejection of the value estimated by the secon....
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....break-up of the assessed value in respect of 2 machines of YoM 2004 and 2005 as an illustration, as stated below :- A. 1. ESTIMATED PRICE IN THE YEAR OF MFR. (2004) USD 2000 2. DEPRECIATED VALUE (16+12+10+8 = 46% DEPRECIATION) USD 1080 3. DEDUCT COST FOR RECONDITIONING (APPROX) USD 180 4. SO ASSESSED VALUE (1080 - 180) FOB 5. ADD FREIGI IT & INSURANCE AT 21.125% (APPROX) USD 190 6. THEREFORE NET ASSESSED VALUE (4+5) CIF USD 1090 B. 1. ESTIMATED PRICE IN THE YEAR OF ....
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....ginal authority. The first appellate authority found no reason for rejecting the first Chartered Engineer's certificate. The assessee is for rejecting both the reports and accepting the declared value, while the department is for restoring the view taken by the original authority. 4. After hearing the learned counsel for the assessee and the learned ]DR for the Revenue, we have not found ourselves persuaded to accept the value declared by the assessee nor to accept the second Chartered Engineer's report in preference to the first. Apparently, M/s. SGS India Pvt. Ltd. inspected the goods and, on the basis of valid factors, estimated its value. However, their valuation was not totally free from defects. The Chartered Engineers found the ma....
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...., to show that any additional reason was stated for rejecting the clarifications offered by M/s. SGS India Pvt. Ltd. The party pointed out that inspection reports of M/s. SGS India Pvt. Ltd. bad been accepted by the department at other Customs Houses in respect of similar imports of second-hand xerox machines, but this submission was not properly noted by the authorities. The learned Commissioner (Appeals) has dwelt on the reliability of the results of inspection by M/s. SGS India Pvt. Ltd. In the present appeal, the department has not questioned this. We have primarily noted the assessee's contention that the report of M/s. SGS India Pvt. Ltd. was rejected without valid reasons. At the same time, that report is also not acceptable to the a....