TMI Blog2016 (9) TMI 217X X X X Extracts X X X X X X X X Extracts X X X X ..... efit of said notification. In these circumstances, the import of car is in violation of import export policy. Therefore, the impugned order rightly confiscated the car and imposed penalty. - Decided against the appellant - C/705/05 - A/89265/16/CB - Dated:- 18-8-2016 - Mr. Ramesh Nair, Member (Judicial) and Mr. Raju, Member (Technical) Shri.Neerav R Mainkar, Advocate for appellant Shri.MK Mall, Asst. Comm. (AR), for respondent ORDER The appellant, M/s.Depe Global Shipping Agencies Pvt. Ltd. imported a car for use by the company. The import of car was restricted as per the relevant import export policy and not permitted except against a licence or in accordance with the public notice issued in this behalf. As the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e proof of compliance to conformity of production as per rule 126A of CMVR shall be submitted within six months of the imports. In case of failure to do so, no further import of new vehicle of that model shall be allowed thereafter. He further argued that these conditions are meant for the manufacturers of motor vehicles who intend to import the prototype of motor vehicles. He argued that these conditions cannot be complied to individual who intended to import for personal use. He further pointed out that Notification No.31/97-2002 dated 14/09/2001 clarified as follows: 2. The conditions relating to import of vehicles (as classified under Chapter 87 of ITC (HS) Classifications of Export and Import items, 1992-2002) as per Notif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gave the bond accordingly. 3.1 He argued that it was open to the appellant to approach the ministry of commerce for a licence to import car. In these conditions they cannot claim that the Notification No.4/97-02 is not applicable to them. 4. We have gone through the rival submissions. We find that the import of car is restricted. Anyone wishing to import a car has alternate route. The first route is to obtain a licence from the ministry of commerce and the 2nd route is to fulfill the conditions of Notification No.4/97-02. The appellant chose the second route and have failed to produce necessary certificate to avail the benefit of said notification. In these circumstances, the import of car is in violation of import export polic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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