2004 (1) TMI 197

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....her the customs value of the impugned second-hand machines should be based on the invoice price as claimed by the appellants or it should be computed from the manufacturer's price for new machines applying the depreciation method. It is seen that the supplier is from Rotterdam and the impugned goods are of Korean origin and have been shipped from Korea as indicated in the Bill of Entry. The Charte....

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.... one machine and Rs. 3,35,302/- in respect of the other machine. 2. It is well recognised that valuation of second-hand used machinery poses major difficulties and there are practical problems in ascertaining the facts needed to establish the transaction value in such cases. Trade in used and second-hand goods also offer greater opportunity for fraud, particularly through the use of false invoice....

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....49) E.L.T. 1070 In fact as pointed out in the majority order of the three member Bench of the Tribunal in the case of Motor Industries (supra), the earlier decision of the Tribunal in the case of Gajra Beval Gears Ltd. (supra) has also been approved by the three Judges Bench of the Hon'ble Supreme Court vide Gajra Beval Gears v. CC, Bombay - 2000 (115) E.L.T. 612 (S.C.) wherein it has been held t....