SNEHA TRADERS PRIVATE LTD Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) This appeal was originally initiated against the refusal of the Trial Court to pass any interim order. On 19-8-1988 we passed the following order :-

(2.) The facts leading to this case, shortly stated, are that in or about September, 1987, the appellant-writ petitioner decided to import a quantity of 1000 MT of Zinc Ingots of 99.96% minimum purity. For this purpose the writ petitioner invited quotations from various foreign suppliers, who quoted the price of the said goods varying between U.S. Dollars 745 to 755 per MT. The petitioner ultimately entered into, a contract with M/s. Khater (HK) Ltd., Hongkong on 16th September, 1987 for 1000 MT of Zinc ingots of 99.96% minimum purity at a price of US Dollars 750 per MT. CIF Calcutta.

(3.) The said foreign supplier during the months of October/November, 1987 shipped a total quantity of about 200 MT of the said goods pursuant to the said contract. The said consignments were cleared by the Customs Authorities by determining their assessable value on the basis of the said contract and the said agreed price of US Dollars 750 per MT.