TaxTMI 
TaxTMI 
1996 (4) TMI 318
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....000/- and also penalty levied from Rs. 1,00,000/- to Rs. 25,000/- under Section 112 of the Customs Act. In the grounds of appeal the Ld. Appellant Collector has urged as under : "1995 BMW Car imported value of Rs. 6,75,014/- in violation of the condition No. 1 of the PN 202/92-94 was allowed clearance in lieu of confiscation on payment of redemption fine Rs. 6,75,000/- and personal penalty Rs. 1,00,000/- by the original authority. The redemption fine and personal penalty was within the reasonable limit for import of luxury car without valid import licence. Drastic reduction of redemption fine to the extent of 15% of the original amount and personal penalty to 25%, defeats the purpose of PN 202/92-94, making importation of luxury cars wit....
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....is pleas. 1994 (71) E.L.T. 873 (G.O.I) - Narayan Naik 1993 (67) E.L.T. 1000 (G.O.I.) - Kamlesh Kumar v. Collector. 3. We have considered the pleas made by both the sides. The PN 202/92-94 is reproduced below for convenience of reference. APPENDIX XLIII - C GOVERNMENT OF INDIA MINISTRY OF COMMERCE PUBLIC NOTICE NO. 202/(PN)/92-97 NEW DELHI : DATED THE 30TH MARCH, 1994. Subject : Export and Import Policy, 1992-97 - Policy relating import of car and automobile vehicles. Passenger cars and automobile vehicles are included in Section-J, Part-II of the Negative List of Imports in Chapter-XV of the Export and Import Policy April, 1992 - March, 1997 and their import is not permitted except against a licence or in ....
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....o his coming to India for permanent settlement. (c) The payment for the car is made abroad before his return to India (d) The car should be imported into India within six months of the arrival of the importer in India for permanent settlement. (e)  If the importer transfers his residence out of India again, he will be entitled to import another car under this Policy only after a minimum period of five years from the date of importation of the previous vehicle. (f)  The importer is free to sell the car in the open market after his return to India without any restriction as regards the period of retention of the vehicle. (g) Import of any other type of automobile vehicle may be permitted by the Director Gene....
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....Offices of foreign firms, companies and institutions (corporate or otherwise) established in India may import up to three vehicles. (b) In case the importer wants to dispose of the vehicles it will be subject to the condition of re-export of the vehicle or sale to the State Trading Corporation of India or to an eligible importer covered by any of the categories C, D, E and F mentioned in the Public Notice. (c)  Subsequent import of a vehicle may be made after the disposal of the previous vehicle in accordance with the condition mentioned in (b) above provided there is a minimum period of five years between the successive imports of a vehicle. 4. Companies incorporated in India having foreign equity participation of more t....
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.... made abroad before the passenger's return to India. In the instant case, the passenger returned to India on 17-3-1995 while the advance payment for the car was made on 2-2-1995 and the final payment was made on 24-4-1995. The lower authority has come to the conclusion that the date of final payment was the date on which the payment for the car was made within the meaning of Clause 2A(C) of the abovesaid Public Notice. On the other hand, it is contended by the appellant that the payment for the car was made on 2-2-1995 when the advance payment was made. The appellant has also referred to Section 20 of the Indian Sale of Goods Act. On a careful perusal of the said Section, I find that the condition stipulated therein for passing of the prope....
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....nical nature. We are afraid the Ld. lower appellate authority has not appreciated the purport of the condition as above. The Govt. of India has with a view to take care of the genuine needs of returning Indians after their job tenure abroad has liberalised the scheme for importation of cars by them. The condition No. 1 regarding payment to be made while abroad is to ensure that the persons returning should have made up his mind to import the car while abroad and should have translated his decision by making the payment for the same before returning India. This is to ensure that the scheme is not exploited by interested parties in India by using the medium of Indians returning from abroad covered under the scheme and making arrangement for p....