2009 (1) TMI 655

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.... S.N. Kantawala, Advocates, for the Appellant. Shri Bharat Raichandani, Advocate for Garware Wall Paper Ltd., for the Respondent. [Order]. -  These stay petitions have been filed by M/s. Garware Wall Ropes Ltd., Pune (the exporter) and M/s. Sudarshan Cargo Pvt. Ltd., Mumbai (the CHA) against the Order-in-Original dated 31-7-2008 passed by the Commissioner of Customs (Export), JNCH, N....

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....being processed and will be submitted immediately after sailing of the vessel. 4. The CHA has submitted that they sent the Central Excise invoice to the exporter for amendment of typographical error of Container No. by Central excise authorities, and the same was received back by them though courier on 12-1-2007. Therefore, on the same day i.e. 12-1-07, they registered the S/Bill and obtai....

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.... find that the CHA does not have any control over the container, once the same is permitted inside the gate. It is the responsibility of the Shipping Line to see that the container is loaded after receipt and verification of all the documents including the LEO. Hence, they are no way responsible for the container being loaded on to the vessel prior to the LEO. Hence, the question of their making a....

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....eems that the exporter was unaware about the registration of the Shipping Bill on 6-1-07, during the material time and was also unaware about the loading of the container on the vessel on 9-1-2007, during the material time. It further appears that the exporter never instructed the CHA or the Shipping Line to process the export goods for export without verification or without following the procedur....