COMMISSIONER OF C. EX. Vs. P.T. IMPEX

JUDGEMENT

(1.) CM-20526-CII-2014:

(2.) The only question is whether a concluded contract had been arrived at between the respondent and the foreign supplier prior to 7-4-2006. Prior to 7-4-2006, sandalwood could be imported against an open general licence (OGL). The Tribunal relied upon two vital facts for coming to the conclusion that the respondent had entered into a valid and binding contract for the purchase of sandalwood from their foreign supplier on 30-3-2006 i.e. before the notification dated 7-4-2006. Firstly, an invoice dated 30-3-2006 was issued. Although the document states that it was a proforma invoice, it would make no difference in the facts and circumstances of the case. Admittedly, on 30-3-2006, the appellant paid the supplier a sum of US$ 38,000 in respect of the goods. In fact, due to a short supply, the supplier had refunded an amount of $ 4921. The Tribunal's conclusion that the facts establish the formation of a contract between the parties on or before 30-3-2006 is justified and in any event cannot be said to be absurd or perverse. In fact, the finding appears to be correct. The appeal does not raise a substantial question of law. The appeal is, therefore, dismissed.