9911796707
TMI Blog2015 (8) TMI 779X X X X Extracts X X X X X X X X Extracts X X X X ..... y – Held that:- declared value at which car was imported and upon which duty was paid by appellant was $ 64,700 – Report of independent chartered engineer, indicated value of car at $ 63,000, prima facie appears to be based on application of different price matrix –Considering circumstances, extended limitation period on ground of mis-declaration assuming that appellant did indulge in such activit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e matter was heard finally. The substantial question of law urged by the appellant is whether the direction to pay ₹ 55 lakhs by the CESTAT was justified in the circumstances as a principal condition for the hearing of the appeal before it. The appellant had imported a Lexus 460 on 17-5-2007 from Dubai. It was subject to seizure thereafter by the customs authorities on the pretext of non-pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner is prima facie untenable. It is firstly contended that the extended period of limitation could not have been invoked, in the circumstances, given that the car had been seized earlier and suffered adjudication proceedings. On that occasion, it was open to the Customs authorities to have it properly valued, and subject the assessee to appropriate proceedings. Not having done so, it was cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the fair value of the car would be about $ 63,000. It was based upon this material that the Commissioner, after considering the appellant s arguments, confirmed the show cause notice. This Court has considered the submissions. During the course of the present adjudication proceedings, the Commissioner had elucidated responses from the foreign supplier and was informed that the car was shifted from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order requires to be partially modified. Instead of ₹ 55 lakhs, the appellant shall pre-deposit ₹ 10 lakhs as a condition for hearing of its appeal. Two weeks time is granted for the purpose. After ensuring compliance, the CESTAT shall proceed to hear the appeal in accordance with law on its merits. 4. Appeal is allowed in the above terms. 5. Order dasti. - - TaxTMI - TMITa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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