TMI Blog2003 (4) TMI 478X X X X Extracts X X X X X X X X Extracts X X X X ..... present application before the Commission) were imported at Nhava Sheva under 5 Bills of Entry under EPCG Licence No. 0330000253, dated 18-4-2000. Sr. No. Model of the Car Colour and Chassis No. 1. Toyota Harrier Pearl White MCU-15-0098705 2. Toyota Landcruiser White HDJ-1010008107 3. Toyota Harrier Golden MCU-150032760 4. Toyota Aristo-Lexus Silver JZS 161-0018369 5. Toyota Landcruiser Silver HDJ-1010014806 2. The said cars were imported as capital goods, at a concessional rate of 5% customs duty, in terms of licence issued to them under the category of service providers of car rentals. Howeve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for settlement of the case. He admitted duty liability of Rs. 62,58,173/- in col. 12 of his application. 5. The Applicant, in rebuttal of the allegations made in the SCN that it had sold or attempted to sell the said 5 cars, submitted that the original documents pertaining to the cars were still lying with it, evidencing that the cars are registered as taxis in the name of the applicant and that it has not transferred any documents of ownership to the alleged buyer(s) of the car(s). 6. M/s. P.M. Enterprises, M/s. Link International, M/s. Select Impex Ltd., Shri Sanjay Agarwal, Shri Vijay Vanwari and Shri Rajeev Agarwal and also co-noticees in the instant Show Cause Notice filed applications on 16-8-2002. M/s. Epsilon Dye Chem. Ltd., M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner of Customs, Jawahar Custom House, Nhava Sheva. 11. The Applicant M/s. Sprint Services Pvt. Ltd. and Shri Sanjay Agarwal, Director (co-noticee) were represented by Shri Ravi Hirani, Advocate. Shri Sanjay Agarwal, Director, also remained present for the final hearing held on 7-4-03. 12. The ld. Advocate reiterated the facts of the case. He further submitted that the applicant has admitted the entire duty demanded in the Show Cause Notice and the same was paid after the admission of the case; that the interest may not be charged because as per the Notification No. 49/2000-Cus., dated 27-4-2000, the applicant was not required to fulfil any export obligation during the first and second years; that the cars were seized after one yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... :- 17. Duty of Customs : The case of the applicants is settled for an amount of Rs. 62,58,173/- (Rupees sixty-two lakhs fifty-eight thousand one hundred seventy-three only) so far as duty is concerned. The applicant has already paid this duty amount and there will not be any duty as such to be payable by the applicants covering the said Show Cause Notice and the applications made before the Commission. 18. Interest : The Commission finds that the applicant has misused the EPCG Scheme of EXIM Policy, 1997-2002 through its acts of imports of high value cars and evaded Customs duty. The Commission finds that the action of the applicant is incorrect as per law and has resulted in monetary benefit to it and hence interest is payable. However ..... X X X X Extracts X X X X X X X X Extracts X X X X
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