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2014 (8) TMI 359 - AT - CustomsWaiver of pre deposit - Import of BMW cars under EPCG scheme - tourist purposes - Non maintenance of books of accounts - Lack of evidence - Held that:- there is no material available that the imported cars were used for tourist purposes. The Hon'ble Delhi High Court in the case of Interglobe Enterprises [2006 (1) TMI 145 - HIGH COURT OF DELHI] held that in the case of import of the cars under EPCG Scheme, it was observed that while capital goods may or may not be capable of generating convertible foreign exchange by their independent use, least the importer must demonstrate is that the goods were put to use for business activity for which the same were imported. Prima facie there is violation of exemption notification insofar as the applicant failed to produce any evidence that the payments were received in freely convertible foreign currency for services rendered to use of the cars. Hence the applicant failed to make out a prima facie case for waiver of pre-deposit of the entire amount of duty along with interest and penalty. - entire amount of duty directed to be pre-deposited - interest and penalty stayed - stay granted partly.
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