2018 (3) TMI 1258

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Chatru Singh, Assistant Commissioner (AR), for respondent ORDER The facts of the case are that M/s. Precision Car India Pvt. Ltd. imported a Hybrid Porshe car on 29.10.2010 and cleared the same on payment of duty on 29.11.2010. The said vehicle was sold by the importer on 3.12.2010 to an authorized dealer M/s. Shreyans Motors Pvt. Ltd. for a value of Rs. 77 lakhs. Thereafter the appellant pu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the order-in-original, the appellant filed appeal before the Commissioner (Appeals) who upheld the order of the original authority except imposition of penalty of Rs. 1 lakhs which was waived. Therefore, the appellant is before me. 2. Ms. Nishta Sikroria learned counsel appearing on behalf of the appellant, submits that even if there is any violation of the Foreign Trade Policy, the appellant i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....was allowed to take instruction from her client. Accordingly, she submitted a letter dated 14.12.2017 wherein the appellant is ready for a settlement on a payment of redemption fine upto Rs. 4 lakhs. 3. Shri Chatru Singh, learned Assistant Commissioner (AR) appearing on behalf of the Revenue, reiterates the impugned order. He submits that since there was a violation of the Foreign Trade Policy,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he importer and not by the appellant. The appellant is a bona fide buyer of the car from an independent dealer of the car. They have also paid the appropriate value of the car. Therefore, it cannot be said that due to any violation occurred at the time of clearance of the goods, they have been unduly benefitted. However, since there is a violation of the FTP and since the goods were available, it ....