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of <h1>Tribunal Waives Penalty and Stays Recovery for Appellant and Car Broker in Land Rover Purchase Case</h1> <h3>NALIN CHOKSEY Versus COMMISSIONER OF CUSTOMS, CHENNAI</h3> The Tribunal granted a waiver of predeposit of penalty for the appellant and the car broker in the case concerning the purchase of an imported Land Rover. ... Stay/Dispensation of predeposit - Confiscation and penalty Issues:1. Waiver of predeposit of penalty for the purchase of an imported car.2. Prima facie case for waiver based on duty payment and bank guarantee.3. Prima facie case for car broker based on legal precedent and previous confiscation.Analysis:1. The judgment dealt with the issue of waiver of predeposit of penalty imposed on the appellant for the purchase of an imported car, namely Land Rover, and on the car broker involved in the transaction. The Tribunal heard arguments from both sides regarding the applications for waiver.2. Regarding the purchase of the car, the Tribunal found a strong prima facie case in favor of the appellant. This decision was based on the fact that the duty amount confirmed had been paid, amounting to Rs. 15,12,674, and the appellant had also executed a bank guarantee, demonstrating a commitment to compliance.3. In the case of the car broker, the Tribunal also found a prima facie case based on a significant legal precedent set by the Apex Court in the matter of Mohan Meakin Ltd. v. CCE, Kochi. The Apex Court's ruling highlighted that once goods confiscated under one clause of the Customs Act were released upon payment of redemption fine, initiating separate proceedings under another clause of the same section was not permissible. In this specific case, the car had been previously confiscated for a different violation and allowed to be redeemed, making the current proceedings for misdeclaration unsustainable.4. Consequently, the Tribunal decided to waive the predeposit of penalty imposed on both the appellant and the car broker. Additionally, it ordered a stay of recovery during the pendency of the appeals. The judgment was pronounced and dictated in the open court, providing a clear resolution to the issues raised in the case.This detailed analysis of the judgment highlights the Tribunal's considerations and reasoning behind granting the waiver of predeposit of penalty for the purchase of the imported car and the involvement of the car broker, ensuring a fair and just decision based on legal principles and precedents.
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