Exclusive Motors Pvt Ltd Vs Commissioner of Customs (CESTAT Delhi)
CESTAT Delhi held that declared price is price for delivery at the time and place of importation unless contrary proved by department. Since onus not discharged, the declared price remains unimpeached. Further, confiscation u/s. 111 of Customs Act not justified as there is no misdeclaration of value.
Facts- M/s Exclusive Motors Pvt Ltd is before us with grievance that order1 of Commissioner of Customs, Inland Container Depot (ICD), Patparganj, New Delhi has fastened differential duty of ₹ 71,74,00,000 u/s. 28 of Customs Act, 1962, along with applicable interest u/s. 28AA of Customs Act, 1962, for having been short-paid on import of cars between August 2018 and July 2023 besides imposing penalty of like amount u/s. 114A of Customs Act, 1962. Shri SP Bagla is aggrieved by imposition of penalties of ₹ 5,00,00,000 u/s. 112 and ₹ 4,00,00,000 u/s. 114AA of Customs Act, 1962 in the same order while Shri Sanket Anand, with no reason for cavil that proposal to invoke 114AA of Customs Act, 1962 did not find favour with the adjudicating authority, is aggrieved that penalty of ₹ 10,00,000 has been imposed on him u/s. 112 of Customs Act, 1962.
