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2015 (9) TMI 1074 - MADRAS HIGH COURT

2015 (9) TMI 1074 - MADRAS HIGH COURT - 2015 (326) E.L.T. 287 (Mad.) - Waiver of pre-deposit - tribunal dismissed the appeal for non compliance with an order imposing a pre-deposit condition. - appellant actually sought was a waiver of penalty, due to the fact that the duty itself was not assessed and also due to the admitted fact that the vehicle was seized from the custody of a third party. - Held that:- The fact remains that the appellant is entitled to the benefit of Section 129E in view of .....

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nk guarantee was not raised, this was not a case where a pre-deposit condition, even if it is leviable, cannot be twice the amount of penalty, which was the only item that was assessed even in the order on appeal. Therefore, we are of the considered view that the appellant is entitled to succeed. - Matter restored before the tribunal - Decided in favour of assessee. - Civil Miscellaneous Appeal (NPD) No.1423 of 2015, M.P.No.1 of 2015 - Dated:- 6-8-2015 - V. Ramasubramanian And T. Mathivanan, JJ. .....

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of the limited nature of the dispute raised in the appeal, we directed Mr.V. Sundareswaran, learned Senior Panel Counsel to take notice for the second respondent. 3. The appellant imported a Nissan GTR car, under a bill of entry dated 3.11.2008. It was allegedly imported for personal use. After declaring that it was a brand new car, duty was paid claiming benefit under S.No.344(2) of Notification No.21/2002 dated 1.3.2002. 4. After the Directorate of Revenue Intelligence gathered information tha .....

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the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. ii) I re-determine the value of the subject vehicle as USD 98936 as per Section 14 of the Customs Act, 1962 read with Rule 3(1) read with Rule 9 of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. iii) I confirm the demand of differential duty of ₹ 46,85,350/- (Rupees forth six lakhs eighty five thousand three hundred and fifty only) as per proviso to Section 28(1) of the Customs Act .....

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i Ranjit Sundamurthy under Section 114A of the Customs Act, 1962. vii) As penalty is imposed under Section 114A, I do not impose any penalty of Shri Ranjit Sundaramurthy under Section 112(a) of the Customs Act,1962. viii) I impose a penalty of ₹ 5,00,000/- (Rupees five lakhs only) on Shri Alberto Bestonso under Section 112(b) of the Customs Act, 1962. ix) I also impose a penalty of ₹ 5,00,000/- (Rupees five lakhs only) on Shri Ranjit Sundaramurthy under Section 114AA of the Customs A .....

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used. (2) The value of the car is determined at ₹ 49,84,163/- (A.V.). The group may calculate the correct duty as discussed supra and the difference of duty may be collected under Section 28(1) of the Customs Act, 1962. (3) Appropriate interest on the differential duty may be collected under Section 28AB of the Customs Act, 1962. (4) The differential duty so arrived should be imposed as penalty under Section 114A of the Customs Act, 1962. However, the appellant is given an option to pay t .....

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e-deposit condition. It is pertinent to point out here that what the appellant actually sought was a waiver of penalty, due to the fact that the duty itself was not assessed and also due to the admitted fact that the vehicle was seized from the custody of a third party. 7. However, on the miscellaneous application for waiver, the Tribunal passed an order on 4.2.2015 directing the appellant to deposit ₹ 10 lakhs within four weeks. After the expiry of the period of four weeks, the Tribunal p .....

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