2008 (8) TMI 264 - AT - Customs

Import of car allegation that there is violation of condition of Import Licensing Note of Para 2 (II) (a) (iv) AND Para 2(II)(c) of ITC (HS) Policy - country of manufacturer is U.S.A., which is not mentioned in Policy Circular No. 26 USA manufacturers have system of self certification, therefore, allegation of violation of Para-2(II)(c) r.w. Policy Circular No. 26, dated 9-2-2004 is not maintainable - Since no evidence produced that the vehicles were imported from USA(country of manufacture), confiscation of the vehicles for violation of Para 2 (II)(a) (iv) is upheld

Summary

Issues: Violation of Import Licensing Note conditions, Confiscation of vehicles, Redemption fine, Penalty

Violation of Import Licensing Note conditions:
The case involved the import of vehicles where the Appellants allegedly failed to fulfill conditions specified in the Import Licensing Note. The Adjudicating Authority observed that the Appellants did not provide the required "Type Approval Certificate-COP" from an International Accredited Agency as per Policy Circular No. 26, dated 9-2-2004. The Appellants argued that the Circular did not mention the country of manufacture (USA) and provided a certificate from the manufacturer. The Tribunal considered the Notification No. 34/(RE-2003)/2002-2007, which mandated the Type Approval Certificate from the country of origin. The Tribunal found that the Appellants' vehicles complied with ECE Regulations and the Circular did not specify the country of manufacture. The Tribunal referenced a previous case where a similar condition was deemed impossible to fulfill, leading to the set aside of confiscation and penalty. Consequently, the allegation of violating the Licensing Note was dismissed.

Confiscation of vehicles:
The Adjudicating Authority ordered the confiscation of the vehicles under Section 111(d) of the Customs Act, 1962, due to alleged violations. The DR argued that the vehicles were imported from Thailand, not the USA as claimed, based on the Bill of Lading. The Appellants failed to provide evidence of importing from the USA. The Tribunal upheld the confiscation based on the evidence presented, concluding that the vehicles were loaded in Thailand, justifying the confiscation on this ground.

Redemption fine and Penalty:
The Commissioner imposed a redemption fine and penalty under Section 112(a)(i) of the Customs Act, 1962. After considering the arguments and evidence, the Tribunal reduced the redemption fine and penalty to Rs. 2,00,000 and Rs. 1,00,000 respectively in each appeal. The Tribunal disposed of both appeals based on the upheld confiscation for violating the Import Licensing Note conditions regarding the country of manufacture and the reduced financial penalties.

This detailed analysis of the judgment highlights the issues of violation of Import Licensing Note conditions, confiscation of vehicles, and the imposed redemption fine and penalty, providing a comprehensive overview of the legal proceedings and decisions made by the Tribunal in this case.