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2007 (3) TMI 491

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..... appellant is engaged in the manufacture of pesticides and other agro chemicals. One of the raw materials required for the manufacture of above products is Di-Isobutylene (in short DIB ). They were importing the said DIB. 2. In May, 1994 the appellant imported 300.890 MTs of DIB at Kandla Port. On importation, the appellants filed into-bond bill of entry No. 4120 dated 4-5-1994 for depositing t .....

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..... said goods were cleared by the appellant from time to time. As a result there should be a balance of 83.639 MTs but the same was found to be less to the extent of 42.07 MTs. 3. After allowing evaporation loss up to 2% per year the raw material was found to be short and as such the appellant made enquiries with the Central Warehousing Corporation, who vide their letter dated 27-11-2003 clarified .....

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..... when the goods are lost from the custody of custodian like Airport Authority or Port Trust or Central Warehousing Corporation, etc., before clearance of such goods under any sort of bill of entry or other documents for removal of the imported goods from the landing place. Once the goods are cleared under warehousing bill of entry the effect of Section 23 extinguishes. However, I find that Section .....

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