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1996 (3) TMI 275

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..... in spite of notice of hearing. On the last date of posting the appeal was adjourned on the basis of appellant s letter. Nevertheless, appellant has not made arrangement for representation, nor is there any request for adjournment. We have heard Shri Vipin Handa, learned SDR and perused the papers. 2. Appellant imported 595.689 M.T. of tin plate prime and presented 16 Bills of Entry for clearanc .....

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..... Bills of Lading bore the date 31-3-1987. There was sufficient material to show that the ship reached the Port only on 2-4-1987 and the goods were actually loaded only on 13-4-1987. Accordingly, it was held that the date of actual shipment was some days after 31-3-1987, the last date of the period of the licence and therefore the import was not covered by valid licence. We do not find any reason to .....

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..... nstances of contemporaneous import at value higher than the value declared by the appellant. The relevant invoices bore the dates 18-3-1987 and 13-4-1987. The corresponding dates of indents were 30-1-1987 and 16-2-1987. The quantities imported are not known. The appellant had contracted with the supplier for import of 5000 M.T. of tin plate prime in March 1986 and the price was fixed at that stage .....

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..... last date of shipment and the date of actual shipment was only a few days. Even this difference was clarified by stating that the ship could not enter the Port before 31-3-1987 on account of stormy conditions. Hence the reason urged for rejecting the contract is not sound. It must follow that there are no materials to indicate that the invoice price did not reflect the normal price in internationa .....

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