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JYOTI BALASUNDARAM, J.H.JOGLEKAR
Ajanta Industries – Appellant
Versus
Commissioner of Customs (Import), Mumbai – Respondent
Per J.H. Joglekar : These two appeals are filed against the same order of the Commissioner. The facts being common they are being disposed off vide this single order.
2. M/s. Ajanta Industries were merchant exporters. They were holders of an advance licence enabling them to import 100% mulberry raw silk. M/s. Hetampuria Textiles was a proprietary unit owned by Anand Agarwal. They were traders and commission agent dealing in many other articles and raw silk. Shri Agarwal placed an order on M/s. Peer Hill Limited, Hong Kong, for supply of 219 bales of mulberry raw silk to M/s. Oceanic Export, Bombay. The goods arrived sometime at the end of October, 1995 and an IGM was filed on 01.11.1995 showing the importer as M/s. Oceanic Export citing bill of lading dated 22.10.1995. The goods were not cleared for quite sometime and were lying in the docks. As per the statement of the shipping agent M/s. Oceanic Exports requested them not to issue delivery orders in their name. On 04.12.1995 the shipping agent requested their agents abroad for amendment of the manifest showing consignee as Ajanta Industries. M/s. Oceanic Exports gave their NOC for this amendment. An amendment application was
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