2005 (2) TMI 403

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... appellants are importers of 277 Nos. of old and used Photocopiers of various models of Cannon, Xerox, Kodak brands. They declared the value in terms of supplier's invoice. The authorities have rejected the invoice value including the Certificates produced by the appellants from the independent Chartered Engineer. The Department had not accepted the valuation and has rejected the transaction value....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....good and is permissible to be imported under the EXIM Policy. Therefore, the Circular does not have a binding effect compared to the provisions of the EXIM Policy. The judgment of the Tribunal, in the case of BE Office Automation Pvt. Ltd. has been reconsidered and applied in the case of SKD Commercial v. CC, Nhava Sheva [2005 (180) E.L.T. 84 (Tri. - Mum.) = 2004-TIOL-909-CESTAT-Mum]; Competent Bu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 2000 (117) E.L.T. 538 (S.C.), has clearly held that the burden of under valuation is on the Revenue and it is required to be established. The Apex Court has also held that there has to be evidence of contemporaneous import and in the absence of the same, the transaction value is required to be accepted. The Tribunal, in the case of Sai Impex v. CC - 1992 (62) E.L.T. 616 (Tribunal), has also held ....