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Thread: No more illegal superbike imports, says high court

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    Default No more illegal superbike imports, says high court

    In an order that would prevent illegal imports of all-terrain vehicles, MUVs and superbikes into India, the Bombay high court has stated that ‘‘if the importer is a person who has lived abroad continuously for two years, then he or she must necessarily be the owner of the vehicle’’.

    The HC ordered immediate confiscation of a Toyota Cynos car imported in 2000, confiscated by the customs immediately but released in 2004 by the customs appellate tribunal, which held that the importer doesn’t have to necessarily be the owner. The HC set aside the tribunal’s order calling it ‘‘absolutely perverse with no application of mind and contrary to public policy’’.

    The ruling comes 10 years after the public policy on import of restricted automobiles was put in place by Director General of Foreign Trade (DGFT) in April 2000.

    The policy permits passenger car/jeeps, MUVs and other vehicles, which are in the restricted category, to be imported without a licence on payment of full customs duty by individuals coming to India for permanent settlement after two years continuous stay abroad. The condition placed on such import isn’t to sell the vehicle for two years thereafter.

    The HC judgment passed by a bench of justices V C Daga and R M Sawant and signed on Thursday dealt with a case where the importer of the car worth more than Rs 4 lakh then was an illiterate carpenter from a village in Andhra Pradesh working in Dubai on a labour visa.

    The carpenter, Ganji Malliah had told the customs that he was neither the owner nor had he imported any car. He said two Telugu-speaking men had offered him Rs 5,000 to use his passport for importing light bulbs. Besides, the labourer had returned to India in October 2000 from Dubai.

    However, the car, manufactured in 1996, was shipped directly from Japan where it was owned by a Japanese man, Ochiai Hidenori, of Matsudo city. The car’s registration was cancelled in mid-November and hence there could be no question of Ganji buying the car from a Japanese man settled in Japan, held joint customs commissioner, Arti Srinivas, while ordering its complete confiscation in 2003. He noted that it was a clear example of how common men were used by unscrupulous elements to circumvent the law.

    Ganji, however, later retracted his denial and appealed against the confiscation. The tribunal heard him and ordered the release of the car by observing that it wasn’t necessary to know how the funding had been arranged.

    Source:WheelsUnplugged - India's Leading Automobile News Website |

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    Super Moderator sunilg's Avatar
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    news approved.
    (Been There Done That) x 3.25

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    What does this mean for the current lot of illegal SBKs on the streets? Immediate confiscation?
    D'oh!

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    No need for such laws!!! Just reduce the import tariff's & then things will start falling into place.
    Skill is what keeps you on a Motorcycle
    Awareness + Skill is what keeps you out of harm's way
    ATGATT + Awareness + Skill means you might Live To Ride another day

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    Quote Originally Posted by aargee View Post
    No need for such laws!!! Just reduce the import tariff's & then things will start falling into place.
    I totally agree with you. The govt gets enough revenue from fuel,toll and most important TAXES our parents pay(those are only a few things from a huge list). And for what should we pay more tax guys for "Roads that have more holes than SWISS Cheese". If the govt concentrates on reducing the custom duties and other taxes such illegal imports will automatically stop.

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    Quote Originally Posted by freekoo View Post
    I totally agree with you. The govt gets enough revenue from fuel,toll and most important TAXES our parents pay(those are only a few things from a huge list). And for what should we pay more tax guys for "Roads that have more holes than SWISS Cheese". If the govt concentrates on reducing the custom duties and other taxes such illegal imports will automatically stop.
    ROFL... you made my day bro... but then, its sadly true. Its the sky high taxes and duties that prompt such illegal activities... if they are brought down to nominal levels, it will go down, and more ppl with get stuff legally, which in turn ends up in more revenue to govt.... these ppl have no vision..

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    Quote Originally Posted by freekoo View Post
    I totally agree with you. The govt gets enough revenue from fuel,toll and most important TAXES our parents pay(those are only a few things from a huge list). And for what should we pay more tax guys for "Roads that have more holes than SWISS Cheese". If the govt concentrates on reducing the custom duties and other taxes such illegal imports will automatically stop.
    Dude Indian government didnt imposed taxes , on imports (Superbikes,atv,etc) to earn money . It is to prevent and safeguard indian bike industry from foreign giants (very high technical knowledge ) and reduce competition .
    EsreVeR YgoloHcysP..!!

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    Quote Originally Posted by blakbird View Post
    It is to prevent and safeguard indian bike industry from foreign giants (very high technical knowledge ) and reduce competition .
    what competition??
    .
    [SIGPIC][/SIGPIC]

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    Indian government plans to protect indigenous bike industry and allow them to develop tech. on par with , foreign rivals .


    till that day duties will be there
    EsreVeR YgoloHcysP..!!

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    Quote Originally Posted by sheelpriye View Post

    Someone please be a minister or make Rahul Gandhi fall in love with bikes.
    nice one

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