9911796707
TMI Blog1983 (5) TMI 256X X X X Extracts X X X X X X X X Extracts X X X X ..... g the records and upon hearing the arguments of Shri Rama Subramaniam, Advocate for the appellants and upon hearing the arguments of Shri A. Vijayaraghavan, Departmental Representative for the respondent, the Tribunal makes the following order. 3. Aggrieved against the order of the Appellate Collector referred to in para 1, the appellants preferred a revision application to the Government of India. By virtue of Section 131B of the Customs Act, 1962, the same has been transferred to the Tribunal to be heard as an appeal. 4. The appellant firm had imported 263 cartons of synthetic camphor powder (Technical) valued at ₹ 96,213.38 in terms of a telegraphic release advice from Bombay Custom House. The Deputy Collector of Customs, Mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Customs, Madras, it was inter alia pleaded that the suppliers had directed the appellant-firm to open a letter of credit by cable but the appellants opened it by air mail which resulted in delay. The suppliers had only 12 days for supply of the goods. This necessitated the extension of the period of shipment. They had no particular reason to offer as to why the letter of credit was opened by air mail despite clear instructions from the supplier otherwise. He also found that because of the amendment in the letter of credit the saying contained in para 210 of the Policy Book April 1978-March 1979 was not applicable to the licence produced by the appellant-firm. He accordingly rejected the appeal. 5. Before us the learned Advocate for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad been shipped/despatched from the supplying countries, so that if, for any reason the change or amendment is not permitted, the importer may be able to advise his suppliers to make the necessary adjustment . Every licence carries an entry regarding period of shipment upto which it is valid. Thus the period of shipment is an important consideration in any licence. In opening a letter of credit against an import licence, its details and the period of shipment has to be indicated; any amendment thereof cannot, therefore, be considered as one of little consequence. 6. During the hearing we had occasion to see the original order placed by the appellant-firm on Trinity Agencies, the agents of the supplier in West Germany. The indent, among o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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