2010 (12) TMI 1126

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....stitution of examined packages with non-examined packages, more specifically, the substitution of new imported cars with old and junk cars from Unaccompanied Baggage containers lying at the docks. In one such case, a container CRXU 1068739, arriving from Dubai per M. V. Express Dhaulagiri-114, under IGM No. 3209/278, dated 7-10-1999 (Item No. 276) was taken up for investigation. The container was said to have one car Toyota Land Cruiser, Chasis No. HDJ-1010-0013354, consigned to one Ganpat Genu Parte, Jaiphal Wadi, Tardeo, Mumbai. The Bill of Lading was issued by M/s. Sunmarine Shipping Services LLC. Investigations revealed that Ganpat Genu Parte was not available at the given address nor at his native place in Satara. On Examination of ....

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....ed that the said car was purchased by Shri Taneja for Rs. 38,00,000/- from Shri S.M. Garg, who had purchased it from Mrs. Dhillon for Rs. 28,00,000/-, through Shri S. K. Miglani, who had facilitated the transactions as a professional broker at a fee of Rs. 10,00,000/- i.e. the difference between the purchase and sale price of Shri S.M. Garg. The case was adjudicated, wherein the car, Toyota Land Cruiser was confiscated u/s 111(d) and (I) of the Customs Act, 1962 and penalty of Rs. 1,00,000/- was imposed each on Shri S.M. Garg and Shri S.K. Miglani along with other members of the conspiracy, u/s 112(a) of the Customs Act, 1962. Shri S.M. Garg, the appellant has filed this appeal for setting aside the order of penalty. 3. The learn....

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....bunal). 4. On the other hand, the learned DR submitted that it is no doubt that appellant Mr. Miglani is a broker, who deals in the sale and purchase of imported car and is also known of the market price of the vehicle at the relevant time. As the market price of the vehicle is more than Rs. 40 lakh, which he has been able to procure from Mrs. Dhillon for Rs. 28 lakhs and helped Shri S.M. Garg to purchase the vehicle for Rs. 28 lakhs, the activity of dealing of vehicle at lower rates creates doubts on the act of the appellants that why they have dealt with vehicle at very lower price and sold to M/s. McDowell & Co. Ltd., for a higher price, which is equivalent to the market price. In these circumstances, the appellants cannot be sai....