D SENGUPTA Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) The petitioner carries on business of importation as a holder of letter of authority of various licences. One M/s. Zenith Enterprises of Assam held an import licence for Rs. 6,54,900/- to import inter alia, secondary G.P. Coils. The said Zenith Enterprises issued a letter of authority in favour of the petitioner to import G.P. Coils to the extent of Rs. 3,31,000/- against the said licence. The petitioner entered into a contract on 25th September, 1984 with one Macpherson Exports Ltd. of London for purchase of 250 Metric Tonne of secondary G.P. Coils in thickness below 0.6 mm and width exceeding 800 mm at a price of U.S. $ 185 per Metric Tonne C & F Calcutta.

(2.) In terms of the said contract the said foreign seller shipped a consignment of 40 coils of secondary G.P. Sheets in Coils from Japan in Vessel S.S. Vishva Yash under the bill of Lading No. 2, dated 8th April, 1985. The said vessel arrived at Calcutta Port on 27th March, 1986 and the petitioner filed the Bill of Entry through the clearing agent M/s. Barua and Choudhuri. The said goods were declared in the Bill of Entry as secondary G.P. Coils of Japanese origin.

(3.) On 1st April, 1985 the Shed Appraiser passed an order for examination of the subject consignment. It was countersigned by the Assistant Collector of Customs, Appraising Group III on the original Bill of Entry.