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1998 Supreme(Del) 813

R.C.LAHOTI, C.K.MAHAJAN
BIN SABT JEWELLERY LLC DUBAI (UAE) – Appellant
Versus
C. I. T. – Respondent


R. C. Lahoti, J.

( 1 ) THE petitioner is a bullion dealer in Dubai and a major exporter of bullion to India. In July, 1998 the petitioner received an order for supply of gold from Shri Ganesh Exports, New Delhi. Pursuant to the order so received, the petitioner despatched a consignment consisting of 200 TT bars of gold. The documents were forwarded to the Panjab National Bank, Okhla Indl. Estate, New Delhi instructing the bankers to retire the documents against cash. The consignment having reached New Delhi Air Cargo Complex by Air India flight on 24. 7. 98, the Customs Authorities got suspicious because the telephone numbers of the Bank as well as those of the notified consignee as entered on the Airway Bill were of 6 digits. Enquiries from the Mahanagar Telephone Nigam Ltd. confirmed that the said telephone numbers were not in existence in any location of Delhi. The notified consignee was not found at the given address. The bankers were also not in a position to identify or provide the whereabouts of the consignee.

( 2 ) THE Dubai exporter apprehended as having been duped by someone in sending the consignment. It instructed M/s. M. D. Overseas Ltd. of Connaught Circus, New Delhi















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