Second Hand Machinery

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

25 October 2010 I imported a brand new machine from China worth Rs. seven lacs for my business.
The custom officers insist that the machine is secondhand. No argument is good with them.
What is the maximum damages for me? What are the laws and notifications concerning this matter?
Matter is pending and Port dammurages are running high.
What are the remedies available?

SANTOSH TRIPATHI

SANTOSH TRIPATHI (Expert)
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28 October 2010 Does customs officiers has any proof to prove that your machinery is second hand or you have a proof that it`s a brand new machinery (commercial invoice will not work here.
There are two option to sort out this matter
1. furnish a chartered engineers certificate along with suppliers undertaking that it`s a brand new machinery.
2. or ask you CHA to negotiate with customs officier about extra incentive he wants from you.
in terms of legalality who have to advice first where exactly your BE is pending does it with apprasier or Deputy commissioner or above every body has a boss you need to put your file there along with suitable docuemtns which proves your product is new.
Better start negotitating with him rest on you

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