F.S. Gill, President

1. Originally preferred as a revision application before the Central Government, on transfer to the Tribunal, we are treating it as an appeal. In this appeal, Order No. 494-A to 495, dated 29-2-1980 passed by the Central Board of Excise and Customs, New Delhi (hereinafter referred to as Board) has been challenged.

2. Briefly stated the facts of the case are that the importers presented three Bills of Entry at Cochin Port for the clearance of three consignments of skimmed milk powder imported from Canada. The price for the goods shown in the relevant invoices was US $ 356.00 per MT C.I.F. Bombay. Copy of the letter of credit No. CPLC/21/78 issued by M/s Bharat Overseas Bank Ltd., New Delhi also showed the same rate. Records show that the LC was originally opened for a total figure of US $ 35437.00 for the shipment of about 100 MT of skimmed milk powder in 25 Kgs. packing, the terms being C.I.F. Calcutta. This was later amended by increasing the quantity and value of the goods to 130} MT and US $ 46474.00 respectively. The mode of packing was changed to 50 Ibs. and the terms to C.I.F. Bombay. The suppliers of the goods were M/s. A.M. Aronson, Holland (hereinaf