2003 (5) TMI 286

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... per : Gowri Shankar, Member (T)]. The appellant imported a consignment of 40 load cells, seeking clearance at Air Cargo Complex in Mumbai. The advance licence that covered the import of these goods, as well as other documents, had been registered by it in the Bombay Custom House. In accordance with the normal procedure, therefore, the Custom House issued to the Air Cargo Complex a release ad .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e taken into account, there would be no shortfall. In his order, the Assistant Commissioner accepted that the exchange rate taken in the release advice was incorrect, but said that the importer should have asked for an assessment order from the concerned section in this regard and rejected the claim. On appeal, the Commissioner (Appeals) confirmed both the reasoning and the conclusion. Hence this .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... in a particular licence, issued by the Custom House where licence is registered. Both the Assistant Commissioner and Commissioner (Appeals) agree that the release advice could have been issued at the exchange rate mentioned in the licence of Rs. 31.80 = US$ 1. If that is the case and there is no dispute about this, - the debit made to the licence should have been corrected. There is no question of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X