2009 (3) TMI 715 - AT - Customs

Summary

Issues Involved:
1. Re-determination of assessable value of imported car
2. Confiscation of imported car for non-submission of Type Approval certificate
3. Imposition of penalty under Section 112(a) of the Customs Act, 1962

Issue 1: Re-determination of assessable value of imported car
The judgment discusses the re-determination of the assessable value of a brand new Toyota Land Cruiser imported by the applicant. The Commissioner had enhanced the declared value of the car to GBP 54,000, justifying the increase based on investigations conducted by the DRI. The Tribunal found the Commissioner's decision to be prima facie justified considering the investigations and the comparison with a similar import where the value was enhanced. This issue primarily revolves around the correctness of the re-determined value by the Commissioner.

Issue 2: Confiscation for non-submission of Type Approval certificate
The judgment addresses the confiscation of the imported car due to the non-submission of the Type Approval certificate from the country of origin. The importer had provided an EC Type Approval certificate from Belgium, an internationally accredited agency, instead of the required certificate from Japan, the actual country of origin. The Tribunal referred to a previous case to support the importer's argument that the certificate from an accredited agency should suffice, even if not from the country of origin. The Tribunal held that the applicant had made a prima facie case regarding non-compliance with import licensing notes, thereby questioning the confiscation based on the certificate issue.

Issue 3: Imposition of penalty under Section 112(a) of the Customs Act, 1962
The judgment mentions the imposition of a penalty of Rs. 4 lakhs on the applicant under Section 112(a) of the Customs Act, 1962. This penalty was imposed in addition to the confiscation of the car. While the Tribunal's decision primarily focused on the re-determination of the assessable value and the confiscation issue, the penalty imposed is a significant aspect of the case. The penalty was part of the consequences faced by the applicant due to the non-compliance with the Type Approval certificate requirement and the re-determined value of the imported car.

In conclusion, the judgment by the Appellate Tribunal CESTAT, Mumbai addressed multiple issues related to the re-determination of the assessable value of the imported car, the confiscation for non-submission of the required Type Approval certificate, and the imposition of a penalty under Section 112(a) of the Customs Act, 1962. The Tribunal found the re-determined value justified based on investigations, questioned the confiscation due to the certificate issue, and did not explicitly delve into the penalty aspect. The decision provided directions for the applicant to pay duty, furnish a bank guarantee, and release the car provisionally, while dismissing the stay application and the early hearing application on the stay petition.