TaxTMI 
TaxTMI 
1998 (1) TMI 78
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.... General Industries and M/s. Associated Traders had each imported 90 M.T., while M/s. Sarvodaya Rosin Works had imported 54 M.T. In the invoices issued by the foreign suppliers, viz., M/s. Kapsco Private Limited, Singapore, the description of the goods imported by the appellant was given as `Gum Rosin FAQ Grade, Indonesian origin' and the price shown was US $ 390 per M.T. A sample of the imported ....
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....ments of 90 M.T. each were of `WG' Grade and the third consignment of 54 M.T. was of `N' Grade. He stated that `FAQ' Grade is mixed and unsorted `WG' and inferior grade. He also stated that he had learned from his principals, M/s. Kapsco Private Limited, Singapore, the suppliers of the consignments, that the rate of `WG' Grade was US $ 450 to 460 per M.T. The telex message quoted in the order-in-o....
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....gly described as `FAQ' and that the grade and the price has been wrongly declared as US $ 390 per M.T. and that the Gum Rosin imported by them was of `WW' Grade and the price of the same was US $ 465 per M.T. CIF. The Collector, therefore, ordered for confiscation of the goods and gave an option to the appellants to redeem the goods on payment of redemption fine. Redemption fine of Rs. 2,65,000/- ....
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.... Collector as well as the Tribunal have erred in placing reliance on the Test Report dated December 9, 1986 wherein the Gum Rosin imported by the appellants has been graded as `WG' Grade since in the said test report it is stated as under :- "As lovribond US Rosin standard, sample and Gardner colour disc are not available in the laboratory it is not possible to determine the exact grade of Rosin ....