1990 (2) TMI 75

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....me Noni Eraehchsson imported a car AUDI-80, Model 1988 (Non-A.C.) bearing registration number GKS-70 through Bombay Part. This was allowed to be cleared on payment of a duty of Rs. 3,45,000/- on 7-12-1988. According to the petitioner, the horse power of the vehicle is only 1595. 3. Later on this car was sold to Leather and Leather Finishes Private Limited, Bangalore, from whom M/s. Aviation Tra....

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....68 together with a simple bond to cover ITC angle, fine and penalties if any that may be imposed. Challenging the correctness of this order, the present writ potition has been filed. 5.The contention of the potitioner is that there was no mis-declaration, that the horse power of the vehicle was correctly given as 1590, that the customs duty levied thereon had been paid in full on 7-12-1988, and....

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....f the vehicle on payment of a sum of Rs. 3,45,000/-, this court considers that in the interest of justice, the order dated 12-2-1990 shall not be implemented, but at the same time, there will be a direction in this writ petition directing the petitioner to file an affidavit before the 3rd respondent undertaking to produce the vehicle in question whenever called upon to do so by the 3rd respondent ....