1993 (4) TMI 75

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eign country aboard the S.S. Tiger River V-147. The petitioner-Company presented the Bills of Entry before the Customs Authorities in respect of the goods aboard the S.S. Tiger River V-147 on 31st March, 1992. This was done under the second proviso to Section 46(3) of the Customs Act. 2. The above facts are not in dispute. What is in dispute is the rate of exchange applicable for the purpose of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....presented even before the delivery of such manifest if the vessel by which the goods have been shipped for importation into India is expected to arrive within a week from the date of such presentation." Therefore, the relevant consideration is whether when the Bills of Entry were presented, the S.S. Tiger River V-147 was expected to arrive within a week or not. The word, "expected to arrive" ca....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d in Statesman on 30th March, 1992 and 4th April, 1992 each of which show that the Tiger Vessel was due to arrive on 6th April, 1992. There is, therefore, conclusive evidence to show that the expectation of the date of arrival of the Tiger River was reasonable. In fact, there is no evidence to the contrary namely that the Tiger River was due on any other date. The rationality of the expectation wi....