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TMI Blog2013 (4) TMI 718X X X X Extracts X X X X X X X X Extracts X X X X ..... . Muthusamy Mooper from Dubai vide B/E No. 606984, dated 29-4-2004 declaring a price of CIF 4,10,000/- declaring the year of manufacture as 2001 and the country of origin as UK. At the time of import, the importer had submitted the cancelled Registration Certificate No. AW-4210241 issued in Dubai and the date of registration was mentioned as 15-1-2001. The car was examined by the Customs and as per the documents submitted the car was in use for a period of 3 years, 3 months and 9 days. Mr. Mooper had purchased the car on 13-12-2003 and therefore was not eligible for the TR concession. The department assessed the car at a value of ₹ 3,97,116/- after giving depreciation of 40% from the price of the new car and charged the merit rate of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e car detained by the Crime Branch, Mumbai was confiscated under Section 111(m) and 111(o) read with Section 11(i) of the FTDR Act, 1992. However, the car was allowed to be redeemed on payment of fine of ₹ 2.5 lakhs. A penalty of ₹ 7 lakhs was imposed on the original importer Mr. Muthusamy Mooper and a penalty of Rs. one lakh on the appellant, the present owner of the car. The appellant preferred an appeal before the lower appellate authority who rejected the appeal and hence the appellant is before us. 3. The ld. Counsel for the appellant submits that the appellant was a bona fide purchaser of the car from Mr. Muthusamy Mooper and he was not a party to the import transaction at all. Therefore, imposition of penalty on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Ltd. v. CCE, Kochi [2000 (115) E.L.T. 3 (S.C.)] wherein it has been held that a subsequent purchaser is not to be saddled with liability of undervaluation if the Collector failed to make proper enquiry as to the market value of the goods and released the same after half-hearted adjudication. Action to initiate fresh proceedings against a bona fide purchaser of redeemed goods for value is unjust and not sustainable. Accordingly he pleads for grant of stay. 4. The ld. Deputy Commissioner (AR) appearing for Revenue reiterates the findings of the lower authorities. 5. We have carefully considered the rival submissions. From the records, it is evident that the car was examined by the Customs Authorities at the time of importation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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