2015 (12) TMI 853

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....Accountant, for the Appellant. Shri Senthil Nathan, Dy. Commissioner (AR), for the Respondent. ORDER The appeal is directed against Order-in-Original No. 40/2005, dated 8-4-2005 passed by the Commissioner of Customs (Import), JNCH, Nhava Sheva. 2. Vide the impugned order, the learned adjudicating authority has confiscated the vehicle BMW 525 I RHD Limousine car valued at Rs. 15,76....

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....uirement of fine and penalty. 4. The learned Dy. Commissioner (AR) appearing for the Revenue, on the other hand, submits that production of homologation certificate is a requirement under the EXIM Policy and the appellant had executed an ITC bond at the time of clearance of the car undertaking to produce such certification within a period of six months. Since the appellant has reneged on t....

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....y came to the conclusion that the said car is liable to confiscation under Section 111(d) of the Customs Act. The said finding cannot be faulted at all. However, since the car is used by the company in India and there is no commercial consideration attached or involved in the matter, the imposition of fine and penalty has to be minimal. Considering the value of the car at Rs. 15.76 lakhs approxima....