9911796707
TMI Blog1991 (1) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... er per: Jyoti Balasundaram, Member (J)]. - The issue for consideration in this appeal is the entitlement of the appellants to refund of customs duty of Rs. 27,465.39 on import of Crude Calcium Borate (Colemanite). 2. We have heard Shri A. N. Haskar, learned Counsel for the appellants and Shri S. Krishnamurthy, learned SDR on behalf of the respondent. 3. The appellants imported 2,350 Metric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . for each percentage of B2O3 based upon the umpire analysis report as per the terms of the contract. 5. The Assistant Collector rejected the claim for acceptance of net dry weight of 2252.945 M. T. on the ground that The moisture content is an inherent nature of the chemicals in question. The Umpire analysis stated in invoice has definitely analysed only such Moist sample and found the reduced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... um/penalty of US $ 2 per M. T. for each percentage of B2O3 above or below 42% shall be given. Obviously the consideration can only be there for varying proportion of moisture content during voyage as there is no possibility of addition or removal of any other ingredient from B2O3. So once such consideration was accorded in the contract there was no point to give consideration for average moisture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of export licence. PREMIUM/ PENALTY : US $ 2 per metric ton for each percentage of B 2 0 3 above or below 42%. PAYMENT : By an irrevocable letter of credit opened by Buyer not later than two weeks prior to the scheduled shipment through a Turkish Bank designated by Seller. The amount of the letter of credit shall be equal to 110% of the value of delivery on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... weight of 2350.000 M.T.) The lower appellate authority has grossly erred in his observation that in the contract no consideration was given for average moisture content. Even the provisional invoice mentions the price of US $ 71 per dry metric ton. From the above documents, it is clear that the actual dry weight of the material delivered to the appellants was only 2252.945 metric tonnes and not ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
