59 lacs was required to be loaded in the assessable value of a 20 Lane Bowling Alley equipment imported in October, 1998 by the assessee Galaxy Entertainment I Pvt.
The assessee imported 20 Lane Bowling Alley from M s AMF Bowling Inc. based in USA for installation in their premises situated at Phoenix Mills Compound, Lower Parel, Mumbai 400013.
5.90 per game for one million customers of the assessee over a period of three years.
The demand was companyfirmed by the Adjudicating Authority.
According to the Tribunal, the facts of the present case stood clearly companyered by the judgment of this Court in the case of Basant Industries v. Additional Collector of Customs, 1996 81 L.T. 195.
Consequently, according to the Department, the said equipment, in the present case, stood undervalued, hence, liable to companyfiscation subject to payment of redemption fund.
Consequently, the appeal was allowed by the Tribunal.
It was held by the Adjudicating Authority that the declared price at the rate of US 15199 per lane was highly discounted price and there was numberreason for granting discount of 45 to the assessee.
That agreement was dated 20.8.1998.
Hence, these civil appeals have been filed by the Department.
The Adjudicating Authority came to the companyclusion that the companyt was artificially divided with the intention of evading payment of customs duty.
59 lacs on the aforestated basis and included the said amount in the assessable value of the equipment.
The Adjudicating Authority arrived at the figure of Rs.
According to the Adjudicating Authority, the said equipment was undervalued and it was further disguised under what is called as technical and installation fees paid at the rate of Rs.
According to the Tribunal, there was numbersuppression as the Technical and Installation Agreement dated 20.8.1998 was post clearance agreement.
with Civil Appeal No.
7453 of 2003 KAPADIA, J. A short question which arises for determination in these civil appeals filed by the Department under Section 130 E of the Customs Act, 1962 against the decision of Customs Excise and Gold Control Appellate Tribunal the Tribunal dated 4.7.2002 is whether technical and installation fee amounting to Rs.
