SHRI ASHOKAN THAZHEPURAYIL Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THIS appeal has been filed against the Order -in -Appeal No. 32/2006 dated 23.02.2006 passed by the Commissioner of Customs (Appeals), Cochin.

(2.) THE appellant purchased a used Hummer -H2 vehicle at Dubai for a price of US 26,000/ -. He was actually doing hotel business in Dubai. After winding up of the business, he returned to India. He was residing abroad for 10 years and came to india for re -settlement. The invoice value of US 26,000/ - was not accepted. The lower authority ordered re -assessment of duty at the value of Rs. 18,07,659/ -. He imposed penalty and fine. The Commissioner (Appeals) reduced the fine from Rs. 18 lakhs to Rs. 15 lakhs and penalty from Rs. 5 lakhs to Rs. 4 lakhs. Otherwise, he upheld the method of the valuation of the used car. The appellant challenges the enhancement of the value under Rule 8 of the Customs Valuation Rules, 1988.

(3.) SHRI B. Satish Sunder, the learned Advocate appeared for the appellant and Shri K.S. Reddy, the learned JDR appeared for the Revenue.