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2015 (12) TMI 657 - AT - CustomsRe-Confiscation of car from purchaser after import - Under invoicing of value of cars - Evasion of duty - Imposition of redemption fine and penalty - Held that:- At the time of importation, the car was confiscated and allowed to be redeemed on payment of redemption fine and penalty imposed on the importer and the car was cleared by the importer, Shri Krishan Kant on payment of the penalty. The appellant is the bonafide purchaser of the car in question. - car is reconfiscated which is not permissible in the light of decision of the Hon'ble Apex Court in the case of Mohan Meakin Ltd. (1999 (12) TMI 58 - SUPREME COURT OF INDIA) . Therefore, we hold that the confiscation of car is not sustainable, the confiscation of the car is set aside. - Further the appellant is a bona fide purchaser of the car and have no role in importation of car, no penalty is imposable on the appellant. Consequently, penalties imposed on the appellant are set aside. - Decided in favour of assessee.
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