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1993 (3) TMI 104 - SC - CustomsWhether the goods were covered by the OGL and as such the order of confiscation under Section 111(d) of the Act was wrong as held by Tribunal ? Whether the Collector had no authority to impose the penalty of ₹ 50,000/- as held by Tribunal ? Whether the Corporation had under-invoiced the price of the goods and the Collector had rightly fixed the price per bearing at ₹ 1,79,631.76/ as held by Tribunal ? Held that:- The fact that the trade representative of USSR in his letter dated January 20,1987 has asked the appellant not to divulge the specially quoted price to any other party in India, in itself indicates that the price offered to the appellant was a special price and not the ordinary price of such goods in the course of international trade. The price in the ordinary course of international trade has been indicated in the price list published by the manufacturers in USSR. We, therefore, find no ground to interfere with the order of the Tribunal. We agree with the reasoning and the findings reached therein. We also endorse the wish and hope entertained by the Tribunal in Para 3.3 of its order regarding heavy demurrage. Appeal dismissed.
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