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P.C.JAIN, S.L.PEERAN
Uma Textiles – Appellant
Versus
Collector of Customs – Respondent
S.L. Peeran, Member (J)
1. The appellants have filed this appeal under Section 129-A(1) of the Customs Act, 1962 against the order-in-original No. 27/87 dated 25.5.87 passed by the Addl. Collector of Customs, New Delhi.
2. The facts of the case are that the appellants wrote to M/s. Likai Nercurdise Ltd. Taipai that they wanted to import 50 tonnes of Viscose Staple Fibre and sought for their offer. The exporters vide their letter dated 30.4.85 offered the appellants the said quantity of fibre at USSI 45 kg and informed them that they were awaiting their orders. The appellants vide their letter dated 20.5.85 requested the exporters to ship 4 containers at US $ 1.80 Kg on CAD basis and that they will pay against their documents. The exporters, as a special case, vide their letter dated 15.6.85 agreed to send the goods and sent their indent for 4 containers and also their invoice/contract No. SM-48 dated 15.6.85. The contract was registered on 25.6.85 to the Ministry of Commerce. The contract was for the first quality Viscose Staple fibre off white semi-dull 1.5 Denier 51 mm at 1.12 US $ per Kg. The exporters also sent their invoice dated 1.8.85 for 56,000 Kgs., 308 bales of the sai
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