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2006 (2) TMI 167 - SC - CustomsWhether the appellant could not be granted abatement of the duty? Held that:- Memorandum of understanding dated 10-9-1997, the agreement to sell dated 11-9-1997 as well as the bill of sale dated 26-12-1997 are after the goods had arrived in India in June, 1997. Under the circumstances, the appellant could not claim the sale in its favour on High Seas basis as indicated in the agreement of sale dated 11-9-1997. The Tribunal was right in observing that from the conduct of the parties it cannot be ruled out that the action seemed to be to evade the duty payable at the proper value. It is interesting to note that the bill of sale was executed by the importer on 26-12-1997. Thus the title to the goods passed to the appellant on 26-12-1997, i.e., after the order-in-original passed by the assessing authority on 23-12-1997. Appeal dismissed.
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