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2009 (5) TMI 473 - KERALA HIGH COURTConfiscation of car- Misdeclaration of value- Respondent imported a custom made Ferrari car from Singapore on a declared value of US $ 70000. The marine insurance value of the car was US $ 107395. In view of the difference, the department investigated the matter. It is seen that assessment is on a value of UK Stg PDS 80,07,659. The respondent filed appeal to the Commissioner of Customs (Appeals) who dismissed the same. The department on conclusion of investigation ordered confiscation of the vehicle and released it on payment of redemption fine of Rs. 7.5 lakhs and personal fine of Rs. 2.5 lakhs. Against the order of Commissioner (Customs), the respondent filed appeal before the Tribunal which was heard along with the appeal filed by the respondent against assessment of duty at higher amount. The Tribunal though confirmed the valuation adopted by the department for the purpose of levy of duty, cancelled the confiscation order for the reason that there is no misdeclaration of value justifying confiscation under Section 111(d) and 111(m) of the Customs Act. The department filed this appeal against the order of the Tribunal cancelling confiscation order and release on payment of redemption fine for the reason that there is misdeclaration of value. Held that-Respondent has not produced evidence for the payment of even the invoice value. Tribunal’s order reversed and confiscation order upheld. However, redemption fine reduced and personal penalty set-aside.
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