2025 (10) TMI 1138 - AT - Customs

Imported Bentley treated as new despite prior registration; Rule 12 and Rule 3 upheld, 112(a) and 114AA demands set aside

Jatin Ahuja, M/s. Mera Baba Realty Associates Pvt. Ltd, Vikrant Kalia And M/s. Payless Cargo Versus Commissioner of Customs, New Delhi

CESTAT, ND (AT) allowed the appeal, holding the imported Bentley was a new car despite prior UK registration and thus entitled to the concessional duty ... Valuation of imported goods - Bentley Flying Spur Automatic Car - rejection of declared value - re-detrmination of assessable value - denial of benefit of concessional rate of duty under Serial No. 344 of the N/N. 21/2002-CUS dated 01.03.2002, for the reason that the appellant had not purchased a new car - recovery of Customs duty short paid, with interest and penalty - HELD THAT:- It needs to be noted that at the time of import the car was subjected to inspection and the Inspection Report clearly mentions that it was found to be a new car. Merely because it was registered in U.K. prior to its export to India would not mean that the car will cease to be a new car because under the laws of U.K. it is necessary for a car to be registered before it can be exported. In Noshire Moody [2012 (5) TMI 386 - BOMBAY HIGH COURT] the Bombay High Court examined a similar situation and noted that the car was registered in U.K. only to meet the transit requirement from Italy to India through U.K. In Abbas Kuramputhoor [2008 (10) TMI 221 - CESTAT, BANGALORE], the Tribunal considered the inspection report and also the fact that registration in U.K. was a formality and held that the car should be treated as a new car entitled to the benefit of the Notification. The benefit of the Notification has been denied to the appellant only for the reason that it was registered in UK prior to its export to India. The aforesaid decisions hold that as registration is a necessity for a car to be exported from U.K., it would not mean that the car will not be treated as a new car. It has, therefore, to be held that the appellant had imported a new Automatic Car and was entitled to the benefit of the Notification. Whether the assessable value of the new Automatic Car could have been rejected under rule 12 of the 2007 Valuation Rules? - HELD THAT:- According to the appellant it had purchased a brand new Automatic Car from M/s A.K International and the invoice price was mentioned as GBP 91,500. This car was purchased at a time when there was a recession in U.K. and the cars were sold by extending a deduction upto 40%. The showroom price has been mentioned in the letter and no efforts were made by the department to determine the price at which the vehicles were being sold at that time. The assessable value of the new Automatic Car, therefore, could not have been rejected under rule 12 of the 2007 Valuation Rules - The question of re-determination of the assessable value, therefore, will not arise. In any view of the matter, the re-determination of the assessable value under rule 3 of the 2007 Valuation Rules is also not justified. Once it has been held that the car that was imported by the appellant was a new Automatic Car is entitled to the benefit of the Notification, and the assessable value could not have been rejected under rule 12 of the 2007 Valuation Rules, the question of demanding any duty short paid on account of re-determination of the assessable value does not arise - For this reason penalty also could not have been imposed upon the appellant under section 112(a) or section 114AA of the Customs Act. For the same reasons the new Automatic Car could not have been confiscated nor penalty could have been imposed upon M/s. Mera Baba Realty Associates either under section 112(a) or 114AA of the Customs Act. The impugned order dated 12.05.2016 passed by the Principal Commissioner, therefore, cannot be sustained and is set aside - Appeal allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether the imported motor car qualified as a 'new' car and satisfied the condition of 'not registered anywhere prior to importation' for entitlement to concessional duty under the relevant Notification. 2. Whether the declared assessable value could be rejected under Rule 12 of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 and whether re-determination under Rule 3 was justified based on foreign verification showing a higher FOB/export price. 3. Whether consequential demands for differential customs duty, interest and penalties (sections 112(a), 112(b), 114AA and confiscation provisions) could be sustained where entitlement to the Notification and declared value are upheld. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Entitlement to concessional rate: definition of 'new' and effect of prior foreign registration Legal framework: The Notification grants concessional rates for specified 'new' motor cars which 'have not registered anywhere prior to importation'; the Annexure/conditions require a car to be new and unregistered prior to importation to qualify. Precedent treatment: Decisions cited hold that mandatory or documentary registration abroad undertaken solely to enable export/transit does not defeat newness - the Bombay High Court decision and Tribunal authority have accepted that pre-export registration as a transit formality does not disqualify a car from being treated as new. Interpretation and reasoning: The Court examined inspection/examination report showing the vehicle had run only 123 km and was recorded as a 'new' car at import. It accepted the factual need under UK law for registration prior to export and held that such necessary/documentary registration does not ipso facto convert a vehicle into a used car. The Court applied the principle that the condition in the Notification must be given workable meaning so as not to defeat importations from jurisdictions where pre-export registration is mandatory. Ratio vs. Obiter: Ratio - where foreign law requires registration prior to export, prior registration alone is insufficient to deprive a vehicle of 'new' status for notification purposes if factual indicators (inspection, mileage, condition) support newness. Obiter - observations about policy aims of Notification to discourage used-car imports serve as context but are not decisive beyond the facts. Conclusions: The Court concluded that the car was a new vehicle and that its registration in the UK (a transit/export requirement) did not disentitle it from the concessional rate under the Notification. Issue 2 - Validity of rejection of declared value under Rule 12 and re-determination under Rule 3 Legal framework: Section 14 Customs Act defines transaction value; Rule 3(1) of the Valuation Rules provides that, subject to Rule 12, value shall be transaction value; Rule 12 permits rejection of declared value where substantiating evidence is lacking or unreliable; Rule 3(2)-(4) set conditions for acceptance and alternatives. Precedent treatment: The Court relied on documentary and administrative verification principles and on the settled sequence under the Valuation Rules that transaction value is to be accepted unless Rule 12 grounds obtain; no contrary precedent was treated as overruling these rules. Interpretation and reasoning: The administrative re-determination rested on an HMRC schedule suggesting a higher showroom/export price (FOB GBP 109,850) than the invoice declared (GBP 91,500). The Court examined (i) absence of departmental efforts to establish contemporaneous market sale discounts that the importer alleged (recession-driven price reductions), (ii) the inspection report confirming newness but not proving sale price, and (iii) the procedural application of Rule 3 which requires acceptance of transaction value subject to Rule 12. The Court found the Principal Commissioner's order re-determined transaction value in paragraph reasoning but did not properly invoke the conditions of Rule 12 or follow the Valuation Rules' provisions; the department failed to substantiate that Rule 12 rejection was warranted or that Rule 3 adjustments were applicable. Ratio vs. Obiter: Ratio - administrative re-determination of transaction value requires adherence to the Valuation Rules' sequential and conditional framework; a foreign verification that lists showroom/export prices does not ipso facto justify rejection of declared transaction value without properly addressing Rule 12 conditions and without ruling out legitimate discounts or contemporaneous bona fide sale price variations. Obiter - comments on the HMRC schedule's contents and lack of inquiry into market discounts are contextual observations guiding application of valuation norms. Conclusions: The Court held that the assessable value could not be rejected under Rule 12 on the material before the authority and that re-determination under Rule 3 was not justified; therefore the declared value stood for assessment. Issue 3 - Consequences: demand for differential duty, interest, confiscation and penalties Legal framework: Sections invoked (duty demand, interest, penalty and confiscation) operate where undervaluation/mis-declaration or ineligibility to notification is established and statutory conditions for penalties/confiscation are met. Precedent treatment: The authorities cited in earlier issues informed whether penal consequences follow factually established undervaluation or ineligibility; no separate precedent expressly upheld penalties in similar fact-situations where valuation and newness were sustained. Interpretation and reasoning: Having held entitlement to the concessional rate and rejected the re-determination of value, the Court concluded that the foundational findings underpinning the demand, interest and penalties (fraudulent import, undervaluation, mis-declaration, prior registration showing ineligibility) collapsed. Penal provisions and confiscation cannot be sustained absent proven mis-declaration or deliberate undervaluation; procedural and substantive prerequisites for such penalties were not satisfied on the record. Ratio vs. Obiter: Ratio - penalties, confiscation and demands deriving from an adverse valuation or ineligibility finding cannot survive where the valuation and eligibility are upheld; absent proper application of Valuation Rules and proof of fraud/mis-declaration, punitive measures are unsustainable. Obiter - collateral observations about appropriateness of departmental inquiries are illustrative. Conclusions: The Court allowed the appeals, set aside the impugned order, and held that neither differential duty nor interest, confiscation, nor penalties under the cited sections could be sustained on the facts and law as determined.