2019 (9) TMI 1220

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....Ltd., Chennai on high sea sale basis which was sold to M/s. MM Traders, Tuticorin. Thereafter, the goods were again sold on high sea sale basis to M/s. V.V. Iron & Steel Company Ltd. On examination of the goods by SIIB, Custom House, Tuticorin, it was noticed that there were 384 nos. of MS iron plates of size 10 ft. x 5.25 ft. with 5 mm thickness were concealed along with declared cargo as heavy melting scrap. Weight of the iron plates concealed inside the said consignment was 102.520 MTs and that of the HMS scrap was 31.01 MTs. Show Cause Notice was issued to parties along with the appellant herein alleging mis-declaration of the goods. It was alleged against the appellant that they had not obtained any authorization or document from M/s. ....

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.... M.M. Traders went to Dubai and inspected the material. They were informed by the overseas supplier that the goods are rejected MS iron plates. He has asked the shipper to cut the plates before loading but instead of loading the plates after cutting, the overseas supplier has loaded the goods as such. There was no mis-declaration and the allegation is only because plates were not cut into sizes. It is also argued by him that the purchases made by M/s. V.V. Iron & Steel Company Ltd. on high sea sale basis was a DDP transaction wherein the seller has to bear the cost, risk and responsibility for the goods cleared. In the present case, there was an agreement between MM Traders and M/s. V.V. Iron & Steel Company Ltd. that the sale is a DDP tran....