2003 (6) TMI 270

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....hary, JCDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - The appellant M/s. Indian Potash Ltd., Chennai cleared about 32,000 MTs of imported Muriate of Potash under Bill of Entry No. 0807, dated 4-4-2000. Assessment at a concessional rate of duty was obtained on the declaration that the imported goods were meant for use as manure or for production of complex fertilizers. Howe....

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....on to evade Customs duty chargeable on the goods under import. It is the contention of the appellants that they had no mala fide intention as alleged. They exported only about 25% of the goods imported. Further even before the customs clearance of the goods permission had been granted by the Govt. of India under letter dated 21st March, 2000 for export to Bangladesh. It is also pointed out that up....

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....ncessional rate, the appellant only stood to lose, inasmuch as they would have been entitled to import goods for re-export without any payment of duty by keeping the imported goods under bond, as advised in the letter dated 21st March, 2000 of the Govt. of India. As against this, the contention of the Revenue is that exported goods were not eligible for concessional rate of duty and the appellants....