2006 (5) TMI 408

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....Shri Madur Baya, Advocate, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. -  The Revenue is in appeal against the order of the Commissioner of Customs, Kandla dropping proceedings initiated against the respondents herein, the, importers of Fully Refined Paraffin Wax on transferred advance licence of M/s. Padmini Polymers Ltd. for evasion of Customs duty payable by....

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....nd to be fully refined paraffin wax the description of goods is correct. We therefore, upheld the finding that there has been no misdeclaration of the goods by the importers. 4. As regards valuation, the Commissioner has recorded a clear finding that the material relied upon by the department namely computer print outs of contemporaneous import of fully refined paraffin wax were not for th....

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.... Ltd. v. Union of India [1997 (91) E.L.T. 307 (Del.)] to contend that customs authorities are empowered to examine goods which are imported in terms of licence to contend that fully refined paraffin wax imported by the respondents herein, as per technical literature and as per statement of the officer of transferor/manufacturer M/s. Padmini Polymers Ltd., cannot be used as mould release agent for ....

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....92-Cus. wherein the definition of "raw materials" was akin to the definition in the notification with which we are concerned namely Notification No. 79/95. We also find that in the case of Commissioner of Customs v. A. Shankar Rao [2002 (149) E.L.T. 387 (Tri.-Mum.)], the Tribunal has distinguished the judgment of the Hon'ble Delhi High Court in the case of Exports Apparel Group Ltd. v. Union of In....