Reclassification, differential duty, confiscation and penalties quashed where department lacked chemical evidence and improperly reopened past clearan...
CESTAT allowed the appeal, set aside the impugned order and held that the appellant imported a new automatic car entitled to the concessional duty under the Notification. The Tribunal found the inspection report established the vehicle was new and that prior UK registration for transit/export formalities did not defeat new-car status. The adjudicating authority's rejection of declared value under Rule 12 (and re-determination under Rule 3) of the Valuation Rules 2007 was unwarranted; therefore no additional customs duty was exigible. Consequential measures - confiscation and penalties under s.112(a) or s.114AA of the Customs Act - were held unsustainable. Appeal allowed.
CESTAT allowed the appeal, set aside the impugned order and held that the appellant imported a new automatic car entitled to the concessional duty under the Notification. The Tribunal found the inspection report established the vehicle was new and that prior UK registration for transit/export formalities did not defeat new-car status. The adjudicating authority's rejection of declared value under Rule 12 (and re-determination under Rule 3) of the Valuation Rules 2007 was unwarranted; therefore no additional customs duty was exigible. Consequential measures - confiscation and penalties under s.112(a) or s.114AA of the Customs Act - were held unsustainable. Appeal allowed.
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