PSM SPINNING MILLS Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) BOTH these appeals arising out of two separate impugned orders involve common question of law and facts and hence they are taken up together for disposal as per law.

(2.) THE facts in brief in these appeals are that the appellants are in possession of EPCG Licence No. P/CG/213367 for import of 18 Nos. of Autoners described as Second hand Schlafhorst autoconers of 1979 model 138 GKW - P consisting of 50 spindles, 1 splicer carriage for 10 spindles, uster C -3 yarn clearers 6 inches traverse, 5 degree 57 minutes cone, electronic yarn length measuring device SA 123 with compulsory spares/accessories and implements. The value of the licence was for Rs. 1,63,27,125/ -. Against the said licence they had imported 8 Nos. of Schlafhorst autoconers, 138 model GKW -P of 50 spindles each cf 1979 make valued at Rs. 72,56,500/ - GIF, for which they filed Bill of Entry No. 3076, dt. 1 -11 -94 (GM/Item 2879/10, dated 31 -10 -94) for clearance of the goods for home consumption and 10 numbers of the same machinery vide BE No. 3466, dated 9 -2 -95 (316/27, dated 6 -2 -95). The residual value left in the licence as found by the original authority was Rs. 19,007/ - (US 6310.84). The goods have already been cleared by the importers.

(3.) THE report of the Appraising officer inter alia stated that the description, quantity and other specifications/operational features, were as per the Chartered Engineer's Certificate, invoice, packing list and copy of the catalogue and the autoconers were reported to be equipped with 1 splicer for 10 spindles, uster C3 yarn clearer, electrical yarn length measuring device etc. The plate marks found embossed indicated the details of the manufacturer, model/type and the serial number etc. which also tallied with the machine's details given in the Chartered Engineer's Certificate. The year of manufacture was reported to be 1979 as per embossed marks found on the machines. The machines were not reconditioned and parts and accessories were reported to be standard and essential and the normal expected residual life, subject to normal maintenance procedures being followed residual life was also declared to be 20 years.