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2011 (11) TMI 210 - AT - CustomsAssessee imported used BMW declaring a low value – Car has not been used by him for minimum 1 year before import thereby, violation of licencing restriction– documents furnished indicating a price lower than the price admitted by them during the personal hearing - Department held absolute confiscation of vehicle, enhanced the import value and levied penalty on assessee - Held that:- It is found that appellant was living in a foreign country for about 3 years and there is no allegation that the vehicle was sought to be imported by somebody else using the name of the appellant on any other similar allegations. Thus, while upholding the confiscation, vehicle ia allowed to be redeemed on payment of redemption fine. It is found that the valuation has been arrived at by Department based on manufacturers' price after granting discount and allowing depreciation. Therefore, there is no reason to interfere with the enhancement of value. Further, Since, the vehicle has been imported in violation of licencing restrictions and attempted to be cleared declaring a price lower than even the admitted price, penalty on the appellant is justified.
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