1998 (12) TMI 129

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....dent. [Order]. -  The appellants imported a consignment of stainless steel moulds and cleared them from Customs on payment of duty. Subsequent to their clearance some damage was noticed to these moulds. A survey carried out showed damage in the form of pitting spots marks and line the moulds. The surveyor tendered the opinion that this damage would have been resulted eutger (sic) due to....

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....2 of the Act. 3. The survey report does not indicate any basis for the conclusion that the damage took place during the storage of the goods in the container in which they were transported, or during their storage in the Bombay docks. The goods are seen to have been carried in LCL containers i.e. they occupied only a part of a container which might have container other goods. Hence the dis....