2000 (3) TMI 101

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rder-in-Original No. 3/99, dated 15-2-2000 passed by the Commissioner of Customs, wherein he has confiscated the Toyota Land Cruiser car for contravention of the Import Policy, but has adjudged the redemption fine of Rs. 11,00,000/- and penalty of Rs. 3,00,000. He has also demanded duty at appropriate rate on the ground that the importer appellants filed false affidavit and forged papers with the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....vel of duty, panalty and redemption fine is paid, the landed cost would exceed the market value tremendously. He submits that all these submissions were made before the Commissioner and though the same have been noted, however, they have not been considered and there is no speaking order on this issue. He also submits that the car is lying in open area under Customs custody and likely to further d....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....out of Appeal No. C-440/94/Md, wherein the Tribunal had reduced the redemption fine on 1980 model Mercedes Benz car having above 1600 cc engine capacity to Rs. 25,000/- on assessed value of Rs. 1.39 lacs and the penalty was downgraded to Rs. 25,000/-. 4. Learned D.R. submits that since there is flagrant violation of ITC Policy for import of motor vehicle, since the Toyota Land Cruiser car is ha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... redemption fine has not been levied after calculating the landed cost, margin of profit thereon as per the normal formula. Thus, it appears that there has been no detailed findings as to how the quantum of redemption fine has been arrived at. 6. In view of the fact that the matter lies on a short compass and in view of the above findings, the order impugned appears to be suffering from non-app....