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2015 (4) TMI 642 - HC - CustomsImport of sandalwood - Import made without obtaining proper license - Confiscation of goods - Goods released on bank guarantee - Bank guarantee encashed - Imposition of redemption fine - Whether a concluded contract had been arrived at between the respondent and the foreign supplier prior to 07.04.2006 - Held that:- Prior to 07.04.2006, sandalwood could be imported against an open general licence (OGL). The Tribunal relied upon two vital facts for coming to the conclusion that the respondent had entered into a valid and binding contract for the purchase of sandalwood from their foreign supplier on 30.03.2006 i.e. before the notification dated 07.04.2006. Firstly, an invoice dated 30.03.2006 was issued. Although the document states that it was a proforma invoice, it would make no difference in the facts and circumstances of the case. Admittedly, on 30.03.2006, the appellant paid the supplier a sum of US$38,000 in respect of the goods. In fact, due to a short supply, the supplier had refunded an amount of $4921. The Tribunal's conclusion that the facts establish the formation of a contract between the parties on or before 30.03.2006 is justified and in any event cannot be said to be absurd or perverse. In fact, the finding appears to be correct - No substantial question of law arises - Decided against Revenue.
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