SUNIL RAPHAEL THEKKAN Vs. COMMISSIONER OF CUSTOMS, COCHIN

JUDGEMENT

(1.) THE impugned order has been passed by the Commissioner of Customs, Cochin determining the assessable value of the imported old Car, model Toyota Lexus Saloon, to an extent of Rs. 12,08,633/ - besides imposing fine of Rs. 10,00,000/ - and penalty of Rs 1,00,000/ - for having contravened the conditions of ITC policy for importing the Car. The violation noted is that the car had not been in the possession of the appellants for a period of one year.

(2.) WE have heard Shri K. Ramachandran, learned Advocate appearing for the appellants and Shri M. K. Madhyastha, learned JDR appearing for the Revenue.

(3.) IT is the contention of the Counsel that violation of the conditions of ITC policy which was noted in the impugned order was not intimated to the appellants and they have not been given an opportunity to contest the same. He also files a certificate from Car Valuer, Shri P. M. Gokulan who has certified that the subject car will fetch an amount of Rs. 7,00,000/ - (Rupees Seven lakhs only). He submits that this certificate had not been produced before the lower authority but is being produced today as the valuation of the Car was not disclosed to the appellants. He also relies on the value of the car as found in the internet YAHOO ! Autos. He submits that that the correct valuation has to be adopted. He also submits that the depreciation of 28% as given in the calculation, is without disclosing the reason as to why it was 28%. The method of valuation has not been indicated. He, therefore, submits that the matter may be remanded to the adjudicating authority for de novo consideration and the appellants be given an opportunity to adduce evidence in support of their claim.