2001 (5) TMI 363 - AT - Customs

Summary

Issues:
1. Assessment of imported cars based on their value.
2. Confiscation of cars due to equity participation in Joint Venture.
3. Justification for confiscation and penalty imposition.

Analysis:
1. The case involved the assessment of imported cars by a Joint Venture Company, where the Commissioner of Customs fixed the assessable value higher than the purchase price, leading to a demand for customs duty and confiscation of the cars. The appellants argued that the assessment should be based on the purchase price as per Customs Law, citing relevant court precedents. They contested the arbitrary valuation done by the Commissioner without providing a valid basis or access to the catalogue used for valuation.

2. The confiscation of cars was based on the ground that the foreign equity participation in the Joint Venture did not meet the minimum requirement stipulated for car imports. The appellants' argument that the cars were a genuine requirement of the foreign partner's employee was dismissed as imports were restricted to those meeting specific criteria. The decision upheld the confiscation and penalty imposition due to the illegal import, emphasizing the lack of valid equity participation and the Commissioner's lenient view on the redemption fine and penalty.

3. The final judgment ordered the re-assessment of the imported cars based on their transaction value, releasing them upon payment of the duty, redemption fine, and penalty. The decision highlighted the necessity to adhere to legal import requirements and upheld the confiscation and penalty as justified in the case. The judgment emphasized the importance of proper valuation and compliance with import regulations in determining the duty and penalties applicable in such cases.