9911796707
TMI Blog2001 (4) TMI 569X X X X Extracts X X X X X X X X Extracts X X X X ..... . Shri A.K. Chattopadhaya, JDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. All these three appeals are directed against Order No. 10/2000-CCP, dated 10-10-2000 passed by the Commissioner of Customs (Preventive), West Bengal. Under the impugned order the Commissioner confiscated absolutely 65 bales of silk yarn of Chinese origin under Sections 111(d), (f), (1) and (m) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cient reason for the confiscation of the goods. With regards to description of the goods, the learned Counsel pointed out that the objection raised is that the goods were described as Dupian Raw Silk in the House Bill of Lading while in the manifest they were described as Raw Silk. Learned Counsel pointed out that Dupian was only a variety of raw silk. Therefore, the description of the goods in bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rge shown in the Ocean Bill of Lading was Calcutta while the House Bill of Lading issued by the Freight forwarder showed the port of discharge as Chennai, the learned Counsel has explained that this discrepancy was on account of the fact that though the goods were meant for Chennai, they had to be discharged at Calcutta as enough cargo was not available for Chennai. Learned Counsel also stressed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods was made as the goods appeared to be not manifested. He also pointed out that if the goods are landed without entry in the manifest, they were liable to be confiscated inasmuch as unmanifested cargo presumably would only be for clandestine clearance. He also submitted that the impugned order has fully explained the grounds for confiscation of the goods and imposition of penalties. The or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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