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TMI Blog2018 (9) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... ndey, Legal Consultant JUDGEMENT FPA-FE-171-173/CHN/2007 1. Briefly, the case is that M/s. Medopharm undertook export of five consignments of medicaments to Russia against payment in Indian rupees under the Repayment of State Credit System to Russia Scheme and they had realized the proceeds of the same as per the scheme through the banking channel. However, the Department (Enforcement Directora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mited. They have shipped the goods on FOB basis which means that once the goods have been loaded on board the ship by the seller he is not liable further. That the importer in Russia has not made any complaints regarding non-receipt of the goods and that they have received the repatriation through normal banking channels. He relied on the Bill of Lading which clearly stated that the destination wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igeria states that the containers in the above two B/Ls were delivered to Vital Pharmaceuticals and Healthcare Ltd., Lagos and were paid by M/s. Vital Pharmaceuticals Ltd., London from Medopharm, Chennai, India. It also mentioned that letters of credit and Form M were opened by Vital at Allstates Trust Bank on the transaction. The containers were shipped as per the Proforma Invoice and cleared at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring. Moreover, enquiries from the Steamer Agent M/s. Arebee Star Maritime Agencies Pvt. Ltd. was also done and the Branch Manager was summoned to appear before the Assistant Director, Enforcement Directorate, Chennai, wherein he stated that they were making enquiries with regard to discharge of shipments at Lagos when it was destined for Russia, and that as soon as they get any evidence regarding ..... X X X X Extracts X X X X X X X X Extracts X X X X
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