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K.GOPAL HEGDE
William Murphy – Appellant
Versus
Collector of Customs – Respondent
K. Gopal Hegde, Member (J)
1. This appeal arises out of and is directed against the order-in-original bearing No. S/43-UB-117/88-89 P dated 27-7-1988 passed by the Addl. Collector of Customs (General).
2. The undisputed facts are:-
The appellant Shri Murphy William, holder of Passport No. R 143191 is a British National. He presented an application for import of 2 vehicles through the Port of Bombay under Triptyque system. He was in possession of 2 Carnet-de-Passages issued by the Carnet issuing authority of Holland (Netherlands).
3. The cars which were 2 stations wagons 10 seaters each were shipped from Dubai and since the name of the customer was mentioned as M/s. William Murphy India in the invoice and C/o. Airfreight Pvt. Ltd. Sahar, Cargo Complex and since the appellant happens to be a tourist having his base at U.K. and carnets were obtained at Netherlands and since 2 vehicles were imported by 2 carnets, some doubt was felt by the Customs regarding the bonafide of the importation and particularly when the appellant was not representing or leading any group of tourists. The appellant was asked to produce the registration book for the vehicles. It appears by his letter dated 12
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