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TMI Blog1996 (4) TMI 318X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 1,00,000/- to Rs. 25,000/- under Section 112 of the Customs Act. In the grounds of appeal the Ld. Appellant Collector has urged as under : 1995 BMW Car imported value of Rs. 6,75,014/- in violation of the condition No. 1 of the PN 202/92-94 was allowed clearance in lieu of confiscation on payment of redemption fine Rs. 6,75,000/- and personal penalty Rs. 1,00,000/- by the original authority. The redemption fine and personal penalty was within the reasonable limit for import of luxury car without valid import licence. Drastic reduction of redemption fine to the extent of 15% of the original amount and personal penalty to 25%, defeats the purpose of PN 202/92-94, making importation of luxury cars without licence an attractive trade in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Narayan Naik 1993 (67) E.L.T. 1000 (G.O.I.) - Kamlesh Kumar v. Collector. 3. We have considered the pleas made by both the sides. The PN 202/92-94 is reproduced below for convenience of reference. APPENDIX XLIII - C GOVERNMENT OF INDIA MINISTRY OF COMMERCE PUBLIC NOTICE NO. 202/(PN)/92-97 NEW DELHI : DATED THE 30TH MARCH, 1994. Subject : Export and Import Policy, 1992-97 - Policy relating import of car and automobile vehicles. Passenger cars and automobile vehicles are included in Section-J, Part-II of the Negative List of Imports in Chapter-XV of the Export and Import Policy April, 1992 - March, 1997 and their import is not permitted except against a licence or in accordance with Public Notice issued in this behalf. This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore his return to India (d) The car should be imported into India within six months of the arrival of the importer in India for permanent settlement. (e) If the importer transfers his residence out of India again, he will be entitled to import another car under this Policy only after a minimum period of five years from the date of importation of the previous vehicle. (f) The importer is free to sell the car in the open market after his return to India without any restriction as regards the period of retention of the vehicle. (g) Import of any other type of automobile vehicle may be permitted by the Director General of Foreign Trade on merits. Foreign Nationals (including persons of Indian origin) Married to Indian Nationals. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vehicles it will be subject to the condition of re-export of the vehicle or sale to the State Trading Corporation of India or to an eligible importer covered by any of the categories C, D, E and F mentioned in the Public Notice. (c) Subsequent import of a vehicle may be made after the disposal of the previous vehicle in accordance with the condition mentioned in (b) above provided there is a minimum period of five years between the successive imports of a vehicle. 4. Companies incorporated in India having foreign equity participation of more than 25% : (a) The indian company may import upto three vehicles. (b) The payment for the vehicle as well as the payment of the customs duty in foreign exchange are made by the foreign company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r authority has come to the conclusion that the date of final payment was the date on which the payment for the car was made within the meaning of Clause 2A(C) of the abovesaid Public Notice. On the other hand, it is contended by the appellant that the payment for the car was made on 2-2-1995 when the advance payment was made. The appellant has also referred to Section 20 of the Indian Sale of Goods Act. On a careful perusal of the said Section, I find that the condition stipulated therein for passing of the property to the buyer, is that there has to be an unconditional contract for the sale of goods in a deliverable state. In the instant case, the car has been purchased abroad and not in India and, therefore, the above Act is not applicab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad has liberalised the scheme for importation of cars by them. The condition No. 1 regarding payment to be made while abroad is to ensure that the persons returning should have made up his mind to import the car while abroad and should have translated his decision by making the payment for the same before returning India. This is to ensure that the scheme is not exploited by interested parties in India by using the medium of Indians returning from abroad covered under the scheme and making arrangement for payment in the name of such Indians after their arrival in India. The payment to be made while abroad therefore forms an important constituent of the scheme and any violation of the same has to be seriously viewed. In the present case as s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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