9911796707
TMI Blog1992 (7) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... by the vessel M.V. Lilac Star, lot No. 74/81. The Import General Manifest filed by the steamer agents M/s. South India Corporation on behalf of the Master of the vessel showed the weight of the consignment as 5334 MT. The importers Filed Bill of Entry No. 16-Imp/81-82 dated 20-8-1981 for the manifested quantity of 5334 MT. The weight as declared in the Manifest, Bill of Lading and invoice was accepted and the goods were allowed to be cleared without actual weighment. After clearance of the goods it was noticed that according to the final Survey Report No. 58/81 dated 27-8-1981 prepared by the Surveyors M/s. Paradeep Marine Services, a quantity 5395.000 MT of Pig Iron was landed; from the vessel M.V. Lilac and the endorsement by Deputy Traff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Satish Kumar stated that apart from the endorsement dated 27-8-1981 on the reverse of the Bill of Entry by the Deputy Traffic Manager, Paradeep Port Trust, the Department was also relying on the certificate dated 30-10-1981 issued by the Port Trust which was annexed to the Miscellaneous application No. C/Misc/949/91-A filed by the appellant. He pleaded that the application for taking on record the additional evidence may be allowed. He added that in the certificate dated 30-10-1981 filed by the Department along with the Misc. application the Port Trust had certified that on weighment on the Port Trust and the Government weighbridges during the period 21-8-1981 to 13-9-1981 the actual quantity of Pig Iron imported by the appellants by the ve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as to be taken as the correct weight of goods shipped and cleared since payment to the suppliers was made only for that quantity. He pleaded for the rejection of the appeal filed by the department. 4. In the Miscellaneous application filed by the Department a prayer has been made for taking on record as additional evidence the certificate dated 30-10-1981 issued by the Deputy Traffic Manager, Paradeep Port Trust on the ground that it certifies the quantity of Pig Iron which after discharge from the vessel M .V. Lilac Star Rotation No. 74/81 was actually delivered to the consignees M/s. TISCO Ltd. after weighment on Port Trust and Government weighbridges. We have considered the prayer made by the appellants. Since the certificate dated 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Draft Survey Report i.e. 5395 MT. Sd/- Dy. Traffic Manager (Opn.) Paradip Port Trust Dated 27-8-1981" Thereafter on 30-10-1981 he issued another certificate in which the actual quantity of Pig Iron which was allowed to be cleared after weighment on Port Trust and Government weighbridges was indicated. This certificate reads as follows :- This is to certify that a total quantity of 5,476.500 tonnes (Five thousand four hundred seventy six point Five zero Metric tonnes) of Pig Iron has been weighed at Port Trust weighbridge and Govt. weighbridge for the period from 21-8-1981 to 13-9-1981 per Ex. mv. Lilac Star Rot. No. 74/81 account M/s. TISCO LTD. Port Trust Weighbridge 5,002.100 M. Tonnes Govt. weighbridge 47 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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