2009 (2) TMI 526 - AT - Customs

Appeal allowed in import confiscation case due to compliance with approval certificate conditions.

The appeal was allowed in the case concerning the confiscation of an imported Hummer Car due to non-compliance with the type approval certificate ... Confiscation and penalty - Car import Issues: Confiscation of imported Hummer Car due to non-compliance with type approval certificate condition.Analysis:The case involved the confiscation of a Hummer Car imported from Sharjah, UAE, by the appellant due to non-compliance with the condition of furnishing a type approval certificate from the country of origin. The Department contended that the appellant did not comply with this condition and did not receive any relaxation from the nodal agency. However, the appellant argued that they had complied with all relaxation requirements for importing the car from the country of manufacture, South Africa, and had requested relaxation for the type approval certificate condition due to South Africa not having an accredited agency to issue such a certificate. The Directorate General of Foreign Trade (DGFT) had issued a letter dated 26-8-2008, relaxing both conditions, as evidenced by the letter No. 01/89/180/Misc. 18/AM 09/PC-2(A)/271. Based on this relaxation by the competent authority, the judge ruled that confiscation and penalty were not justified. Consequently, the impugned order was set aside, and the appeal was allowed with consequential relief to the appellants as per the law.This judgment highlights the importance of compliance with import conditions and the significance of obtaining necessary relaxations from competent authorities. It underscores the role of documentation and regulatory approvals in import processes, emphasizing the need for adherence to legal requirements to avoid confiscation and penalties. The case also demonstrates the authority of the DGFT in granting relaxations and the impact of such decisions on legal outcomes in customs matters. Overall, the judgment clarifies the legal principles governing import regulations and the consequences of non-compliance, providing a precedent for similar cases involving importation of goods subject to specific conditions.