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TMI Blog2013 (6) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... and object of the policy. That made the cars confiscable and the cars became smuggled goods liable to penal consequence of law of customs. Perusal of the import condition as per policy clearly throws light that legislature intended import of cars to enjoy notification benefit only if such import is made from the country of manufacture. The landing port should be the port of export and if it is in a land locked country, that may be imported from the adjoining country situated in the land locked of coastal line from which export was permissible. When the cars in question came from United Kingdom, it was exported from country of manufacture to UK and there after the cars were exported from U.K. into India destination. Therefore no inferenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.2 Learned D.R. Shri V.P. Batra says that the Adjudicating Authority did not examine the value aspect of the imported car at all for the reason best known to him and with utter disregard to the provisions of Foreign Trade (Development and Regulation) Act, 1992 granted relief to the importer assessee levying an insignificant amount of redemption fine and penalty to the detriment of interest of Revenue. This has caused prejudice to revenue for which the Review Committee opined that the adjudication order is neither legal nor proper and proper valuation of car is to the made for proper levy under law. 3. Grievance of the assessee in Appeal No. C-835/2008 against same adjudication order which is under appeal by Revenue is that no redemption ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mported and there is substance in the appeal of Revenue when the observations in the review order reading as under is perused:- The impugned car is of Japanese origin and shipped from United Kingdom/London. To check the veracity of the value declared by the importer, as manufacturer s invoice was not submitted and no information about the amount paid by manufacturer s invoice was not submitted and no information about the amount paid by the dealer to the manufacturer for the impugned car was supplied, internet date pertaining to the value of the identical/similar model of the car at United Kingdom was accessed. A visit to company s official website lexus.co.uk reveals the retail price of new Lexus LS 600 HL to be Pound Sterling 83705. Pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bnormal reduction from the ordinary competitive price. The transaction value declared, therefore, was liable to rejected under Rule 12 of the Customs Valuation (Determination of price of Imported Goods) Rules, 2007 (hereinafter referred to as the Valuation Rules) read with Rule 3 of the Rules. The committee is, therefore, of the view that the order of the adjudicating authority determining the assessable value as declared in not legal and sustainable under the law. The committee is further of the view that in the light of the true value of the impugned vehicle available on the internet, as detailed above, it is clear that the value declared in the bill of entry based on the sales invoice of M/s Byperformance Cars Ltd., United Kingdom does ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rter willfully suppressed the true value of the impugned car and mis-declared it to evade payment of Customs duty. As a result of international resort to under valuation, Customs duty to the tune of Rs. 36,88,663/-, as detailed below, has been evaded by the importer (i) Re-calculated assessable value Rs. 79,19,376/- (ii) Total duty payable on the above Rs. 75,36,922/- (iii) Duty already paid Rs. 38,48,259/- (iv) Differential duty payable Rs. 36,88,663/- The above differential duty is payable by the importer under proviso to Section 28(1) of the Act along with interest under Section 28AB of the Act. On account of willful mis-declaration of value and suppression of true value with an intention to evade payment of Customs duty, the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been made under that policy, contravention of that law is prevented by Customs. The Assessees having contravened policy without the import being made from the country of manufacture defeats the spirit and object of the policy. That made the cars confiscable and the cars became smuggled goods liable to penal consequence of law of customs. 5.6 Perusal of the import condition as per policy clearly throws light that legislature intended import of cars to enjoy notification benefit only if such import is made from the country of manufacture. The landing port should be the port of export and if it is in a land locked country, that may be imported from the adjoining country situated in the land locked of coastal line from which export was permis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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