BHARGAVAN BIJU Vs. COMMISSIONER OF CUSTOMS, COCHIN

JUDGEMENT

(1.) THE appellant, who had returned to India after 8 years residence abroad, imported a car and filed a Bill of Entry on 13 -3 -2001.

(2.) A show cause notice dated 23 -7 -2001 was issued as it was proposed to fix the value of the car at Rs. 14,46,727/ - and the car was liable for confiscation under Section 111(d) for having been imported in violation of ITC PN3 (RE -2000)/1997 -2002, dated 31 -3 -2000, it was alleged that it was registered in UK prior to import and was thus not eligible for exemption under Notification No. 17/2001, dated 1 -3 -2001.

(3.) THE Commissioner denied the benefit of Notification No. 17/2001, dated 1 -3 -2001 and ordered assessments at Tariff Rates. Confiscated the car under Section 111(d) of the Customs Act, 1962 for violation of ITC PN3, dated 31 -3 -2001. However he gave an option to redeem the same on payment of fine of Rs. 1,75,000/ - and imposed a penalty of Rs. 25,000/ - on the importer under Section 112 of the Customs Act, 1962. He gave an alternative option to Export the car on payment of fine of Rs. 10,000/ - only and penalty of Rs. 25,000/ -.