2020 (5) TMI 227

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....t complied with the requirement of Stainless Steel Products (Quality Control) Order, 2016 in as much as the appellant is required to affix the BIS Mark on the imported goods at the time of shipment. The appellant being aggrieved filed the appeal before the Commissioner (Appeals) who agreeing with the view of the Adjudicating Authority dismissed the appeal, therefore, the present appeal filed by the appellants. 3. Shri S.J. Vyas, Learned Counsel appearing on behalf of the appellant submits that the goods were shipped in case of Metro Bright Bar India Pvt. Ltd on 21.01.17 and in case Fortune Steels on 07.02.2017. He submits that the Stainless Steel Products (Quality Control) Order, 2016 admittedly came into force on 07.2.2017, therefore at....

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....e Para 2.17 of the Foreign Trade Policy,2015-2020 the date of import has to be reckoned, as per the date of shipment/dispatch from the supplying country. The date of shipment that is Bill of Lading which is in month of January, 2017, the Stainless Steel Products (Quality Control) Order, 2016 was not in force, therefore the appellant was not required to affix BIS Mark on the product imported by them. The contention of the Lower Authority as well as the submission made by Learned Authorized Representative that since the appellant was having knowledge about Stainless Steel Products (Quality Control) Order, 2016 at the time of dispatch of the goods from supplying country they should have affix the BIS Mark is of no basis. I am surprised that ho....

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.... 15 7303852 02/11/2016 2150384 02/11/2016 18 7438411 7616664 7706001 7716078 7749775 7795132 0256B14999 YMLUS311004442 08/11/2016 YANG MING YMLUS311004420 08/11/2016 YANG MING YMLUS311004461 08/11/2016 YANG MING 0256B18750 19/11/2016 WANHAIS 04/12/2016 03/12/2016 15 BETWEEN 2ND EXTENSION AND 3RD EXTENSION WE IMPORTED NO GOODS FOR 35 DAYS, AS WE WERE AWAITING FOR FURTHE NOTIFICAITON/EXTENSION 14/11/2016 2151017 28/11/2016 2151677 05/12/2016 2152754 04/12/2016 05/12/2016 2152754 04/12/2016 08/12/2016 2152754 2152631 13/12/2016 12/11/2016 15 18/11/2016 14 27 27 27 BIS 3RD EXTENSION ORDER DTD. 06.12.2016 EXTENDED FOR 242 DAYS UPTO 07.02.2017 BL....