2026 (2) TMI 49

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...., Advocate For the Respondent : Shri JK Jain, Joint Commissioner (AR) ORDER PER: C J MATHEW: Shri Rohit Ghanshyam Gupta imported a 'Rolls Royce Phantom' car valued at AED 10,00,000 (approximately Rs. 2,35,00,000) supported by CPD Carnets no. GE50133418. Imports of car against carnet is exempted from duties of customs vide notification [no. 296/76-Cus dated 2nd August 1976] which does n....

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.... and substance of the proceedings before the lower authority was that, despite holding a valid carnet, the appellant, by having undertaken business in India during his temporary stay had jeopardized eligibility to the exemption notification [no. 296/76-Cus dated 2nd August 1976] and the ineligibility was determined on the finding that 'In this instant case, Mr. Rohit Gupta vide letter dat....

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....n lying under the custody of customs after import and had not been made use of consequently. Learned Counsel for the appellant placed reliance on the decision of the Hon'ble Supreme Court in Northern Plastics Ltd v. Collector of Customs & Central Excise [1998 (101) ELT 549 (SC)] to submit that claiming of an exemption, that was found to be inapplicable, should not have to result in confiscatio....

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....rocedure to be followed, the consequence of ineligibility for the notification was fastened on the appellant. The facility of temporary duty-free import against carnet is intended for residents outside the country to import vehicles for travel in India. There is no bar on the applicability of carnet to an Indian citizen subject to being resident outside the country. The appellant, undoubtedly, is ....