Harish Chander, Member (J)

1. M/s Mody Brothers, 403, Raheja Chambers, Nariman Point, Bombay - 400021, have filed an appeal being aggrieved from the order passed by the Collector of Customs, Bombay.

2. A notice of hearing dated 16th August, 1990 was sent per registered A.D. post and the appellants vide their telegram received in the Registry on 10th September, 1990 have intimated that the matter may be decided on the grounds mentioned in the appeal memo.

3. Briefly, the facts of the case are that M/s. S.B. Metal Co., 6/42, Dariya Mahal No.3, 80, Napean Sea Road, Bombay - 400 006 had imported 69 drums of brass dross vide bill of entry No.1518/51. The importers had declared the imported goods as brass dross weighing 17.024 metric tonnes nett from USA and claimed its clearance under OGL Appendix 10, Part III, Sr. No. 2 of AM 1984 Policy and the suppliers were M/s. Amalgamated Iron & Metal Inc., New York and the unit price declared in the invoice No.119/15-8-83 was US cents 58 per Lb CIF Bombay. Pursuant to certain intelligence information received, it was found that there was misdeclaration of the goods and the goods imported were actually found to be brass scrap against the declare