TaxTMI 
TaxTMI 
1993 (6) TMI 68
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....icy 1983-84 has no application. The petitioners thereupon preferred the present petition under Article 226 of the Constitution seeking direction to the Collector of Customs to clear the consignment. The learned single Judge while admitting the petition directed the department to clear the consignment after provisional assessment and by securing requisite bank guarantee and bonds from the petitioners. The department was given liberty to complete adjudication proceedings in pursuance of the show cause notice issued on June 23, 1985 under Section 124 of the Customs Act. 2. Accordingly, the petitioners cleared the consignment after furnishing bank guarantee and thereafter the Additional Collector of Customs by impugned order dated June 5, 1986....
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....be imported against insurance (marine) policy, insurance claim must be settled by the insurance company and the goods to be imported must be the replacement of previously imported goods which were lost or damaged after import. The conditions to take advantage of the replacement import are - i) that the replacement goods should be imported within 24 months from the date of the clearance of the previously imported goods; ii) that no remittance shall be allowed except for payment of insurance and freight charges where the replacement of goods by the foreign suppliers is subject to such payment; and iii) the documents in respect of this shall be produced by the importers before the customs authorities. Now, in the present case, it is not in dis....
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....ld not have recovered insurance claim in respect of goods previously imported and which were destroyed in fire. It was further held that the replacement goods were not purchased from the insurance claim and therefore the provisions of Appendix 16 OGL-4 Import Policy 1983-84 has no application. We are unable to accept the claim urged on behalf of the department that the insurance covered ceases to have effect as soon as the goods reached Ludhiana town. A perusal of insurance policy makes it clear that the insurance covered is available while the goods are in transit and the policy clearly lays down that it is from warehouse to warehouse, i.e. the warehouse of the importer. The mere fact that the goods have reached Ludhiana town is not enough....