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TMI Blog2014 (6) TMI 750X X X X Extracts X X X X X X X X Extracts X X X X ..... fer of Residence (TR) Scheme and valuation was determined after allowing trade discount and depreciation on this basis of 1996 manufacture as declared by the importer. Subsequently, DRI officers during investigation found that the said car in 2003 Model as evident from Registration Certificate of the car. Thus, it is a clear case of misdeclaration of year of manufacture of car. Accordingly, in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, M/s. Mother's Education Personna Pvt. Ltd., filed this application for waiver of pre-deposit of duty of Rs.10,73,535/- along with interest and penalty. The other applicants are Directors of M/s. Mother's Pride Education Personna Pvt. Ltd., and filed these applications for waiver of pre-deposit of penalty of Rs.50,000/- each. 3. The learned Counsel submits that they have purchased th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g is clearly hit by principle of res judicata. Relying on the decision of the Hon'ble Supreme Court in the case of Madan Meakin Ltd. Vs Commissioner of Central Excise, Kochi reported in 2000 (115) E.L.T. 3 (S.C.). 4. After hearing both sides and on perusal of the records, we find that a Toyota Land Cruiser Prada Car was imported vide Bill of Entry No. 758637, dated 15.02.2005 under Transfer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he submission of the learned Counsel. The learned Authorised Representative on behalf of the Revenue submits that it is clearly evident from the impugned order that there is a joint agreement between the original importer and the applicant, while securing a bank loan. In view of that, we find the applicant failed to make out a prima facie case for waiver of pre-deposit of the entire amount of duty ..... X X X X Extracts X X X X X X X X Extracts X X X X
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