2006 (12) TMI 414

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....he Respondent. [Order]. -  Heard both sides. 2. This is an application (C/COD/2956/06) for Condonation of Delay of 42 days in filling the present appeal. The delay occurred is sought to be explained in the following manner. (i) One Mr. Nilesh Angane, Executive in-charge of Imports and Exports of the appellants company had received the Order-in-Appeal on 15-6-2006 and kept the....

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....overy pending disposal of the appeal. The appellants herein having imported the goods i.e. Pharmaceutical Drugs and warehoused them, at Central Warehousing Corpn., Vashi under 4 Bonds. Even before the expiry of the Bond period, the appellants have applied for extension of the same, but no extension was granted. In the meanwhile as the Shelf-Life of the Bulk Drugs had expired, the appellants relinq....

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..... 19 ( Bom.) (ii) CC, Chennai v. Jayanthi Krishna & Co. - 2000 (119) E.L.T. 4 (S.C.). The above referred decisions inter alia hold that under sub-section 61(2) of the Customs Act, 1962, it is open for Importer to relinquish its title to the goods at any time before the order for home consumption is passed and in case the goods are relinquished the importer will not be liable to pay any Customs Dut....

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....ame was rejected and thereafter the goods were abandoned. According to him, this kind of situation is squarely covered by the Board Circular as well as the decision in the case of M/s. Jayanthi Krishna & Co. 7. This aspect can be probed in detail at the time of final disposal of appeal. Suffice to hold that there exists a prima facie case and the balance of convenience appears to be in fav....