V.T. Raghavachari, Member (J)

1. These five appeals were heard together by consent of all parties concerned since several common questions of fact and law arise for determination in all these appeals. Sri S.N. Nankhani, Advocate appeared on behalf of M/s Babcock Venkateshwara Hatcheries Private Limited and Sri J.R. Cama, Advocate of M/s Crawford Bayley Co. appeared on behalf of M/s Rallis India Limited. Sri Mahesh Kumar, Senior Departmental Representative appeared for the respondent Collector.

2. M/s Babcock Venkateshwara Hatcheries Pvt. Limited (hereinafter to be referred to as BVH Ltd. for convenience) had, under an agreement entered into with M/s Babcock International Corporation, USA, agreed to purchase and import one day old GP layer chicks as well as GP broiler chicks, prices for these varieties being fixed under an agreement. M/s BVH Limited had requested M/s Rallis India Ltd., who had Export House licences in their favour, to open letters of credit in favour of M/s Babcock International Corporation, to cover such imports. It is in respect of such imports, as well as later imports directly under licences in favour of M/s BVH Limited, that the disputes how under issue ha