2001 (5) TMI 76

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....Sharma, Member (T)]. - This is an appeal filed by an importer who imported the goods first from Iraq to Nepal and then from Nepal to India. The Customs Authorities assessed the goods when Bill of Entry was presented. Subsequently the Customs Authorities found that the assessment of the Bill of Entry was not correct. Therefore a SCN was issued to the importer asking him to explain as to why differe....

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....the importer. 3.On the first question, ld. Advocate submits that the value should be determined on the basis of Chartered Engineer's certificate in the instant case. He submits that the adjudicating authority and the lower appellate authority did not give cognizance to this contention of the importer and determined the value only after giving depreciation on the original value at which the good....

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....correct method for determining the value even in terms of Section 14 of the Customs Act was to give depreciation on the original value at which the goods were purchased in Iraq. 6.On the second issue regarding the benefit of Notification No. 220/90-Cus., ld. DR submits that this notification was issued in July whereas the Bill of Entry was presented in February. It is the date of presentation o....