M/s Jain Electronics vs CC, New Delhi

None present for the appellant. There is an application for decision of this appeal on merit without personal hearing. The appellant having foregone

the right of personal hearing, assistance of Id. DR was taken.

Revenue submits that the old and used computer, monitors and its component were imported in violation of the Foreign Trade Regulations as well as

such goods were undervalued. The Chartered Engineer's certificate obtained was within the knowledge of the appellant to arrive at the proper value.

That remained uncontroverted without any evidence to the contrary. Such impartial assessment by Chartered Engineer was adopted and appropriate

valuation of the import was made. Ld. Commissioner (Appeals) considered the nature of goods as well as the Chartered Engineer's certificate. He

has properly assessed the value considering the violation of law made by appellant and also the undervaluation of the import made. Therefore there is

no scope to disturb his finding or reverse his decision.

Heard Revenue and also perused the grounds of appeal of the appellant.

Appellant's only plea is that old and used goods being sold as scrap, those are valueless for which the department's reliance on Chartered Engineer's

evaluation is of no value. There is no ground on violation of the Foreign Trade Regulation by the appellant. Appellant has taken the ground that there is

no under valuation done. So also there is a ground that the duty involvement being Rs. One lakh and the prevalent market conditions suggest the profit

margin to be 2 to 3%, there should not have been redemption fine imposed.

Examining the grounds, we have also perused the nature of the goods imported depicted in para 2 of the order which throws light that the goods

were old and used CPU/HOD/RAM, computer cabinet and old and used monitors etc. Nothing could be adduced by the appellant to show that those

goods have no economic value except treating that as scrap. The Chartered Engineer's certificate does not appear to be outcome of an empty

formality to arrive at the proper value by reference made by Revenue. Such outcome was also within the knowledge of the appellant. The credibility

of certificate remained unchallenged in the grounds of appeal. Nor the certificate by any means is pleaded to be baseless or malafide. Therefore that

becomes the reliable evidence with credibility.

The goods imported by nature appear to be of economic value without being scrap in absence of any evidence to the contrary. So also in absence

of evidence to show that scrap was only imported, the appellant fails to succeed as to the nature of goods. Further, there is no evidence led by the

appellant through any ground to consider about different nature of the goods imported. Therefore on that count also Id. Commissioner is correct to

hold that there was violation of Foreign Trade Regulation by the appellants in importing the goods.

Ld. Commissioner found that the goods were of higher value. He has therefore come to the conclusion that reduction of redemption fine from

Rs.2,50,000/- to Rs.1,50,00/- and penalty from Rs.75,000/- to Rs.50,000/- was warranted. This clearly shows his application of mind in consideration of

totality of the facts and circumstances of the case.

In view of the above, there is no scope to disturb the finding and conclusion of Id. Commissioner (Appeals) for which appeal is dismissed.