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of <h1>Imported cars with few kilometers ruled as new, duty exemption granted under Notfn. 17/2001-Cus.</h1> <h3>ASHEREP KUNNUMEL Versus COMMISSIONER OF CUSTOMS, COCHIN</h3> The appellate tribunal ruled in favor of the appellants in a case concerning duty exemption for imported cars under Notfn. 17/2001-Cus. The tribunal found ... Cars manufactured in Japan, imported through dealer in UAE - Import Issues:1. Assessment of duty exemption for imported cars under Notfn. 17/2001-Cus.2. Interpretation of the definition of a 'new imported vehicle' for duty exemption eligibility.3. Application of conditions for concessional rate of duty under Notfn. 17/2001-Cus.4. Clarification on the eligibility of imported vehicles under Public Notice No. 3 dated 31-3-2000.Analysis:1. The case involved two passengers importing cars after a stay abroad, assessed as 'not new' and thus ineligible for duty exemption under Notfn. 17/2001-Cus. The proper officer relied on a previous decision regarding a Jaguar car to determine the newness of the vehicles and denied concessional duty rates.2. The Commissioner's order examined the definition of a new vehicle under the Import Licensing Notes and concluded that the cars did not meet the criteria. The vehicles had been sold in UAE before being shipped to India, indicating they were not new as per the definition. The absence of a specific definition in the notification led to reliance on the Import Licensing Notes for interpretation.3. The judgment highlighted the requirement for a vehicle to be directly imported from the country of manufacture to qualify as new under the conditions of Notfn. 17/2001-Cus. The lack of registration anywhere prior to importation was a crucial factor, with the appellants failing to prove non-registration. The retrospective effect of exemptions under different notifications was also discussed, emphasizing the specific conditions for duty exemption eligibility.4. The appellate tribunal found in favor of the appellants, citing evidence from UAE export certificates showing no registration dates for the vehicles. The presence of a few kilometers on the odometers did not disqualify the cars as new, as dealers typically test drive vehicles before import. The tribunal concluded that the cars were eligible for duty exemption under Notfn. 17/2001-Cus., setting aside the lower authorities' orders and allowing the appeals.
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