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2017 (7) TMI 183 - AT - CustomsValuation of imported second hand car - violation of the condition of possession of car - Held that: - some eligible importers had been persuaded to procure vehicles for resale in India and, thereby, overcome the restrictions that are placed on import of new and second-hand vehicles by Indian residents. The existence of records pertaining to manufacture of vehicles are not easily discredited - There is no reason to doubt the veracity and authenticity of the price certificates issued for the three vehicles. There has been a misdeclaration of the year of manufacture leading to undue benefit in the duty that is to be levied on the vehicles. The invoking of the extended period in section 28 of Customs Act, 1962 cannot be faulted. Penalty u/s 114A of CA - Held that: - the ingredients that warrant the invoking of this section is identical to that for invoking the extended period - Consequently, the imposition of penalty under section 114A of Customs Act, 1962 also cannot be faulted. Appeal dismissed - decided against appellant.
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