1998 (1) TMI 280

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....er]. -  The importer imported two consignments of newsprint, shipped on 6-5-1993 and presented a bill of entry for their clearance. The bill of entry was accompanied by the two Entitlement Certificates issued by the Registrar of Newspaper (RNI) in favour of each of two newspapers both in Kannada, `Aragini' weekly and `Andolana Dinapatrika'. The first was issued on 7-6-1993 and the second o....

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....118 (EN)-93-97, dated 31-3-1993 issued by the Ministry of Commerce for import of newsprints. The import was bona fide and the discrepancy with regard to the dates of the notice authority letter was because of its inexperience in import of newsprints and the difficult conditions prevailing in USSR, the country of shipment. It, therefore, requested release of the goods. 2. The Collector did ....

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.... be held to be valid. Alternatively he contends that the import was bona fide and in accordance with the spirit of the policy covered by the newsprint was imported on behalf of persons entitled to purchase of it. Therefore, even if it is held that there is a procedural failure confiscation and imposition of penalty is not justified. 4. Departmental representative took the plea that its imp....

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....the import in terms of the certificates and the shipment was made on or after 1-4-1993 and was within the limits specified. These conditions are satisfied. There is no condition in the certificates that the shipment must take place after their issue. Nor is such a condition included in these certificates. A contrary view is apparent from para 11 of the certificates that the quantity specified can ....