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TMI Blog2001 (9) TMI 1030X X X X Extracts X X X X X X X X Extracts X X X X ..... caused by delay in delivering of the goods for completion of the project, we have taken up the stay application out of turn. 2. The application is for waiver of deposit of duty demand of Rs. 7.21 lakhs approx., penalty of Rs. 25 lakhs imposed on the applicant and for stay of operation of the order of the Commissioner impugned in this appeal. 3. The applicant imported a consignment declared to be 300 tonnes of rough marble blocks. The bill of entry that is filed to clear the consignment showed the date of shipment to be 30-3-2000. The bill of lading that the importer produced bore this date. Enquiries by the Directorate of Revenue Intelligence led it to conclude that the goods were loaded on board the ship at Thessalonika in Greece on 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. CCE, 2001 (131) E.L.T. 406 in support of his view that the date of shipment is 7th April is misplaced. There was no question in the present case as was the case before the Tribunal, of goods being handed over to any other person for shipment. The policy itself specifies in paragraph 15.14 the date shown in the bill of lading to be the date of shipment. That this date is specified in the light of the knowledge of the policy makers that it may be different from the date on which the vessel carrying the goods actually sails is clear from the provisions in the rest of this paragraph and paragraph 15.15 providing the date of shipment for export goods. The date of shipment in paragraph 15.14 for air cargo is the date of shipping bill provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed buyer of the goods, which are required for a hotel project, has threatened to cancel the contract and refuse delivery if there is further delay. 8. The departmental representative reiterates the reasoning in the Commissioner s order. 9. The argument of the Counsel for the applicant that it is the date of shipment that is specified in the policy has to be accepted has prima facie some merit. It would appear in different circumstances that the policy makers have knowingly fixed different dates for shipment for convenience. In the case before us, there is no allegation that the goods were not actually delivered to the shipper for shipment on 30th March. Even apart from this fact in the total absence of attribution of mala fide to the im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es CIF price for 423.78 tonnes = Rs. 61.09 lakhs Duty (15.14 lakhs plus 7.20 lakhs) = Rs. 23.24 lakhs Landed cost = Rs. 83.43 lakhs Profit = Rs. 22.42 lakhs The figure of 38 lakhs arrived at by the Commissioner is thus incomprehensible. 12. In a long line of decisions it has been held that for the purpose of determining margin of profit, the expenses such as demurrage which the importer incurs have to be taken into account as they form part of his cost. The demurrage and detention charges already incurred is around 30 lakhs. 13. In the present case, as we have noted, we are not able to find any mala fides with regard to shipment. If we deduct the demurrage already incur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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