COMMISSIONER OF CUSTOMS, COCHIN Vs. METHWANI MANISH SHEWARAN

JUDGEMENT

(1.) THE details of Appeal Nos., Name of the Parties, Impugned Orders and the amount involved are given in the tabular column below : -

(2.) ALL these appeals involved the import of car on Transfer of Residence. All the respondents imported car from abroad and availed the Transfer of Residence facility for their import. The Revenue proceeded against the respondents on the grounds of valuation and also for violation of Import Policy. There was a violation of re -import condition. The vehicles were not in the use of the respondents for a period of not less than one year. The valuation was not accepted. The valuation was done in terms of the original price of the car and after allowing depreciation. The Respondents challenged the valuation and also the confiscation. In the original orders, the cars were held liable for confiscation on account of mis -declaration of value and also for violation of the Import Policy condition. Penalties and fines were imposed. However, in the appellate stage, the Commissioner (Appeals) gave a finding that the invoice value has to be accepted in the absence of any circumstances, which necessitated the Department to reject the transaction value. While giving such an order, he had followed the decisions of the Tribunal. That is as far as valuation is concerned.

(3.) THE Revenue is aggrieved over the impugned orders of the Commissioner (Appeals) wherein he has lifted the no sale condition and also he has accepted the invoice value. The Respondents have also filed their Cross Objections.