ORDER

1. The appellants imported in 1994 six reconditioned used machines from West Germany for use in their dairy project under four bills of entry. The import documents included certificates of Chartered Engineers of West Germany. The Assistant Collector, however, determined the value of these machines by applying the depreciation method, relying upon Customs House practice and certain letters of the Ministry of Finance. His order was sustained by the Collector (Appeals).

2. The Tribunal, in the appeal preferred by the appellants, found the orders of authorities below to be unsustainable. It found that their orders showed that they had not applied their mind to the acceptability of the transaction value. The learned counsel for the appellant did not desire a remand but asked the Tribunal to arrive at the proper assessable value in the light of the materials on record. The Tribunal said, "(T)hough the lower authorities have not indicated it specifically, it appears to us that the difference between the two sets of values is so vast, in the absence of any explanation on the part of the appellant the genuineness of the declared value could not be accepted". This statement was made in