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TMI Blog1990 (2) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondent. [Order per : Harish Chander, Member (J)]. - M/s Laxmi Woollen Mills has filed an appeal being aggrieved from the order passed by the Additional Collector of Customs, New Delhi. Briefly, the facts of the case are that the appellants had imported synthetic rags vide Bill of Entry No. 2140 dated 12th August, 1987 at I.C.D., Pragati Maidan, New Delhi through their authorised agen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r clothings or other clothing so worn out, boiled or torn as to be beyond cleaning or repair . 2. The adjudicating authority was of the view that since the synthetic rags imported in the present consignment did not satisfy the above condition the same were not covered under OGL and a specific licence was required for the clearance of the same and the goods were liable to confiscation under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lhi reported in 1988 (35) E.L.T. 718 (Tribunal). He had pleaded for the acceptance of the appeal. 4. Ms. Renuka Mann, the learned SDR has appeared on behalf of the respondent. She has relied on the order passed by the lower adjudicating authority and had argued that the goods imported did not conform to the Import Policy and pleaded for the dismissal of the appeal. 5. We have heard both the si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were not completely mutilated and these are retrievable and are restitchable. The Tribunal went into the question and held exhaustive discussion, took into consideration all the relevant facts and also that the goods were not available and as such no further mutilation was possible, came to the conclusion that the order of the Collector was not sustainable. The appeal was allowed. We find no gro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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