2000 (5) TMI 845

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....authority to US $ 1.79 per lb. Briefly stated the facts of the case are as under :- 1.1 On 18-1-1983, the appellants placed an order upon the foreign supplier, M/s. N.V. Nickel Refining & Trading (NIREF in shorts) for the import of Nickel Oxide Sinter-76 Nodular (about 200 M.T. of Nickel contents) at the price of US $1.6017 per lb. Nickel content C & F Calcutta/Haldia. The first shipment under the said contract at the price of US $ 1.6017 per lb. Nickel content was made by the foreign supplier on 3-2-1983. Due to downward trend in the price of the said goods in international market, during visit of NIREF's representative to India in February, 1983, it was agreed that the remaining goods under the said contract would be shipped at th....

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....elating to import by M/s Mahindra Ugine Steel Co. Ltd. at the price of US $ 1.65 per lb.; (v)     Documents relating to import by M/s. Mahindra Ugine Steel Co. Ltd. at the price of US $ 1.585 per lb. (vi)    Certificate given by M/s. NIREF regarding international price of the goods in question during the relevant period; (vii)   Letter dated 20-4-1983 from NIREF as regards the price of US $ 1.5058 per lb. of the second consignment; (viii)  Certificate given by M/s. Metdist regarding international price of the said goods during the relevant period; 1.4 The Commissioner of Customs, Calcutta thereafter, passed Order dated 21-6-1996. In the said Order, the Commissioner held t....