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2011 Supreme(SC) 1018

D.K.JAIN, SUDHANSU JYOTI MUKHOPADHAYA
Commissioner of Customs, Vishakhapatnam – Appellant
Versus
Aggarwal Industries Ltd. – Respondent


JUDGMENT

D.K. Jain, J.:

1. This batch of appeals arises out of final orders dated 4th August, 2005 in Appeal No. C/139-140/02; C/209/02; C/288/03; C/291-93/03; C/299/03; C/243/02; C/264/02 & C/313/03; 5th August, 2005 in Appeal No. C/265/03, 22nd June 2005 in Appeal No. C/213/02 and 29th December, 2006 in Appeal No. C/300/03 passed by the Customs, Excise & Service Tax Appellant Tribunal South Zonal Bench, Bangalore (for short “the Tribunal”). By the impugned orders, the Tribunal has allowed the appeals preferred by the respondents-importers.

2. Since all the appeals involve a common question of law, these are being disposed of by this common judgment. However, in order to appreciate the controversy, the facts emerging from C.A. No. 2521 of 2006, which was treated as the lead case, are being adverted to. These are as follows:

On 26th June 2001, the respondent entered into a contract with foreign suppliers viz: M/s Wilmar Trading Pvt. Ltd., Singapore, for import of 500 Metric tons of crude sunflower seed oil at the rate of US $ 435 CIF/Metric ton. Under the contract, the consignment was to be shipped in the month of July 2001 but as the mutually agreed time for shipment was extended





































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