The court dismissed the appeal, upholding the CESTAT's order ...

Seized vehicle released on fulfillment of policy condition for import before consumption clearance.

August 20, 2024

Case Laws     Customs     HC

The court dismissed the appeal, upholding the CESTAT's order allowing provisional release of a seized vehicle upon fulfillment of policy condition (II)(iii) of Chapter 87 regarding import of vehicles at the Indian port before clearance for home consumption. The court relied on the Kerala High Court's judgment in Commissioner of Customs vs. Ankineedu Manganti, which held that the approval certificate from VRDE or ARAI under the policy condition is only to ensure compliance with legal requirements for vehicle registration and operation on roads. In the present case, since the vehicle was already registered under the Motor Vehicles Act, 1988, it implied compliance with the stipulations for operation on Indian roads, rendering the policy condition satisfied.

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