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ASHOK JINDAL
Nadeem Gubitra – Appellant
Versus
Commissioner of Customs – Respondent


Advocates Appeared:
P.K. Agarwal

ORDER

Ashok Jindal, Judicial Member - These appeals are filed by (a) Shri Maqsood Mahmood Ali @ Lucky Ali - the 2nd possessor of the car, (b) Shri Nadeem Gubitra - 3rd possessor of the car and (c) Shri Charanjit Singh - against the imposition of penalties under Section 112 (b) of the Customs Act, 1962.

2. Brief facts of the case are that one Shri Mohamed Ebrahim Mahmood Haji - the importer, imported one BMW car under Transfer of Residence scheme. At the time of initial import it was found the Model Number was not correctly declared and the car was not in the possession of the importer for required period of one year. The said car was therefore confiscated and redeemed on payment of redemption fine of Rs. 3.25 lakhs. After release of the car, the importer sold the car to one Shri Bimal Natwarlal Mehta, the first possessor who in turn sold the car to Shri Maqsood Mahmood Ali, the 2nd possessor and the present appellant before me. Later on, this car was handed over to the 3rd possessor Shri Nadeem Gubitra who also arranged a deal for a transaction of the car to Shri Maqsood Mahmood Ali. Shri Nadeem Gubitra, who is also one of the appellants in this case. While the car was in the possess

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