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2010 (9) TMI 578 - CESTAT, MUMBAIPenalty u/s 112(a) and 112(b) - Mis-declared - The year of manufacture and model number of the vehicle had been mis-declared at the time of import to suppress the actual value and claimed higher depreciation and thus evaded the actual Customs duty leviable - Accordingly, on the charge of mis-delcaration of year of manufacture model, code and violation of the no sale condition within 2 years of clearances from Customs, the vehicle was seized - the possession of the vehicle was given to Shri Shailendra Singh in March 2003 within two years of the import of the vehicle - The sale took place of the impugned vehicle in March 2003 i .e. within 2 years of its import against the deal between the appellant and Shri Shailender Singh in February 2003 - The sale is complete as the possession of the vehicle has been transferred to Shri Shailender Singh by the appellant against the payment. Held that: it is admitted fact that the appellants were directly involved in the negotiations of sale of the impugned vehicle intentionally that vehicle cannot be sold within two years of its import and it shows the modus operandi of the appellant - Thus,imposed the penalty on the appellant of Rs. 1 lakh - Appeal of the assessee deserves no merit, hence rejected.
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