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TMI Blog2016 (9) TMI 277X X X X Extracts X X X X X X X X Extracts X X X X ..... ort of car is in violation of import export policy. Therefore, the impugned order rightly confiscated the car and imposed penalty. - Decided against the appellant - C/706/05 - A/89266/16/CB - Dated:- 18-8-2016 - Mr. Ramesh Nair, Member (Judicial) and Mr. Raju, Member (Technical) None for appellant Shri.MK Mall, Asst. Comm. (AR), for respondent ORDER The appellant, Mr.Sumatiprasad Mishrilal Bafna imported a car for his personal use. The import of car was restricted as per the relevant import export policy and not permitted except against a licence or in accordance with the public notice issued in this behalf. As the importer was unable to comply with the said condition and as per their request the car was provisional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... six months of the imports. In case of failure to do so, no further import of new vehicle of that model shall be allowed thereafter. 2.1 It has been argued in the appeal that these conditions are meant for the manufacturers of motor vehicles who intend to import the prototype of motor vehicles. These conditions cannot be complied to individual who intended to import for personal use. That Notification No.31/97-2002 dated 14/09/2001 clarified as follows: 2. The conditions relating to import of vehicles (as classified under Chapter 87 of ITC (HS) Classifications of Export and Import items, 1992-2002) as per Notification No.4(RE-2001)/97-02 dated 31/03/2001, shall not be applicable on imports made under the provisions of aforementi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... merce for a licence to import car. In these conditions they cannot claim that the Notification No.4/97-02 is not applicable to them. 4. We have gone through the rival submissions. We find that the import of car is restricted. Anyone wishing to import a car has alternate route. The first route is to obtain a licence from the ministry of commerce and the 2nd route is to fulfill the conditions of Notification No.4/97-02. The appellant chose the second route and have failed to produce necessary certificate to avail the benefit of said notification. In these circumstances, the import of car is in violation of import export policy. The impugned order rightly confiscated the car and imposed penalty. The appeal is therefore, dismissed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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