TaxTMI 
TaxTMI 
1999 (1) TMI 110
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...., for the Respondents. [Order per : G.N. Srinivasan, Member (J)]. - This is an appeal filed by the appellant against the decision of the Collector of Customs (Appeals) Mumbai made in the order-in-appeal captioned above, whereunder, he rejected the appellant's plea of stock lot. 2. The appellants imported 11700 gross of Pencil sharpner blades from Japan @ Yen 72 per gross vide Invoice....
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....of time due to excess production against the manufacturer's earlier order. Because the manufacturer could not get the buyers, they approached the appellant for getting rid of the stock lot at a reduced price. It is further pleaded by the appellant that the goods imported were new goods and not old and used and cannot be treated as inferior. They also pleaded that the department cannot compare the ....
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....s and subsequently in 1993 they have agreed for importing this goods which was stock lot. It was also pleaded by the ld. Counsel that the department did not prove that the goods were manufactured very recently to disprove the appellant's case of stock lot. 3. The ld. DR would rely upon the reasonings made in the lower authorities' orders. 4. We have considered the rival submissions....
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....controls the other. The department could not prove that the seller and the importer appellant are falling into any of the categories mentioned above. Hence, in our view, it cannot be treated as related persons. As far as the other point is concerned, viz. stock lot, the appellant invited our attention to the letter written by Toa Industrial Co. Ltd. dated 27-2-1992. On 14-9-1992, again, they wrote....