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TMI Blog2008 (3) TMI 540X X X X Extracts X X X X X X X X Extracts X X X X ..... stoms Act, 1962. There is equivalent duty amount as penalty on the hotel, which is an appellant before us. The Miscellaneous Application seeks for out of turn hearing of these appeals. 2. The appellants were registered under EPCG Scheme and in terms of the said scheme they were permitted to import Toyota Land Cruiser V8 bearing registration No. KL7 AL 9488. Detailed investigations were carried out by the department and the statements of several persons were recorded. Shri K.P. Vijayan, Company Secretary in his statement stated that initially the vehicle was registered as private vehicle and that subsequently with effect from 30-1-2006 the registration was changed to that of tourist taxi, that the vehicle was initially registered as privat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue has directed the appellants to surrender the car or comply with the impugned order. 4. We have heard in great length both sides in the matter. The learned Counsel strenuously argued the matter and submitted that there is no violation of EPCG licence. He referred to the DGFT Circular wherein it clarifies that hotel industries need not maintain specific entries with regard to the use of car as it is not practical. He also submits that the obligation to fulfill the export is up to 2011 and therefore, the initiation of proceedings is pre-mature. After detailed deliberations of the matter including perusal of the records and on specific query from the Bench, the learned advocate agreed for depositing Rs. 7,00,000/- as against the redemptio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case, then no waiver should be granted in the matter. She takes us through the findings of the Commissioner including the admissions made by several officers of the hotel who have stated that they were only maintaining general ledgers and journals without specific mention of the vehicle number. She pointed out that the car has not been attached to the hotel and the meaning of the term installation used in the impugned order and the show cause notice should be read to mean that the car has to be attached and used as tourist taxi for foreign tourist by the Hotel. There is no evidence of realization of the foreign exchange from the tourist and therefore, the order holding that there is a violation of the Para 5.15 of Chapter 5 of the Hand B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7,00,000/- (Rupees Seven Lakh Only) within a period of one month from today. To report compliance on 8th April 2008. On such deposits, there shall be no seizure of the car by the Revenue. Recovery of the duty, penalty and redemption fine should be stayed till the disposal of the appeal. As the revenue involved is more, the prayer for early hearing is accepted. Matter to come up for final hearing on 8th May 2008. Failure to comply with the terms of the stay order will entail dismissal of the appeal. On compliance there shall be no recovery or seizure of the vehicle even after 180 days. The stay applications and miscellaneous application are disposed of accordingly. Registry to issue this order out of turn. (Pronounced and dictated in open ..... X X X X Extracts X X X X X X X X Extracts X X X X
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