2010 (9) TMI 578 - AT - Customs

Penalty u/s 112(a) and 112(b) - Mis-declared - The year of manufacture and model number of the vehicle had been mis-declared at the time of import to suppress the actual value and claimed higher depreciation and thus evaded the actual Customs duty leviable - Accordingly, on the charge of mis-delcaration of year of manufacture model, code and violation of the no sale condition within 2 years of clearances from Customs, the vehicle was seized - the possession of the vehicle was given to Shri Shailendra Singh in March 2003 within two years of the import of the vehicle - The sale took place of the impugned vehicle in March 2003 i .e. within 2 years of its import against the deal between the appellant and Shri Shailender Singh in February 2003 - The sale is complete as the possession of the vehicle has been transferred to Shri Shailender Singh by the appellant against the payment. Held that it is admitted fact that the appellants were directly involved in the negotiations of sale of the impugned vehicle intentionally that vehicle cannot be sold within two years of its import and it shows the modus operandi of the appellant - Thus,imposed the penalty on the appellant of Rs. 1 lakh - Appeal of the assessee deserves no merit, hence rejected.

Issues:
- Imposition of penalty under Section 112(a) and Section 112(b) of the Customs Act, 1962 for misdeclaration of year of manufacture and model number of imported luxury motor vehicles.
- Allegations of evasion of Customs duty through misdeclaration and sale of imported vehicle within two years of import.
- Dispute over the involvement of the appellant in the import, possession, and sale of the vehicle.
- Interpretation of agreements and transactions related to the sale of the vehicle.
- Assessment of the penalty imposed on the appellant.

Analysis:
1. Imposition of Penalty: The case involved the imposition of a penalty under Sections 112(a) and 112(b) of the Customs Act, 1962 due to misdeclaration of the year of manufacture and model number of luxury motor vehicles imported into India. The penalty was based on allegations of evasion of Customs duty by misrepresenting the value of the vehicle.

2. Allegations of Evasion: The appellant was accused of being involved in a scheme where luxury vehicles were imported under false pretenses to evade Customs duty. The investigation revealed misdeclaration of vehicle details to suppress the actual value and claim higher depreciation. The appellant was alleged to have arranged the import, kept the vehicle until sale, and facilitated the sale through a complex transaction involving multiple parties.

3. Involvement of the Appellant: The appellant denied involvement in the import and sale of the vehicle, claiming that he was not directly engaged in the transactions and that the vehicle was sold after the two-year restriction period. The appellant's defense centered around the lack of direct interaction with the importer and the assertion that the vehicle was given as security against a loan.

4. Interpretation of Agreements: The arguments presented by both sides focused on the interpretation of agreements and transactions related to the sale of the vehicle. The appellant's counsel cited various judgments to support the claim that the transaction could be viewed as an agreement to sell, with the transfer of ownership contingent on specific conditions being met.

5. Assessment of Penalty: After considering the submissions from both parties, the judge examined the evidence and statements provided during the investigation. The judgment highlighted discrepancies in the appellant's claims and concluded that the appellant was directly involved in negotiating the sale of the vehicle within the restricted period, leading to the imposition of the penalty.

In conclusion, the appellate tribunal upheld the penalty imposed on the appellant, rejecting the appeal on the grounds of direct involvement in the sale of the imported vehicle within two years of import. The judgment emphasized the importance of examining the factual circumstances and transactions to determine liability under the Customs Act, 1962.

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