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2007 (3) TMI 506

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..... n this case imported consignment of heavy melting scrap for the import of which they were required to produce pre-shipment inspection certificate as required under the provision of Para 2.32 of the Foreign Trade Policy 2004-09 showing that the consignment does not contain any type of arms, ammunition, cartridges, shells, mines, radio active contaminated or any other explosive material. In the abse .....

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..... 25-10-2004 and which has not yet been cleared from a customs port, ICD/CFS or LCS whereas category (ii) covered future imports and laid down a detailed procedure. For category (i) the requirement of Foreign Trade Policy relating to pre-shipment inspection certificate and contract between the importer and exporter was relaxed and consignments of metal scrap was permitted clearance on 100% physical .....

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..... ed 28-10-2004, but the material was loaded in container in September 2004. As such, Commissioner has held that in view of the above, he is taking a lenient view. I find that if that be so, the appellant is falling under category (i), thus not requiring any pre-shipment inspection certificate. Further, it is on record that the goods were granted 100% examination and no contraband was found. In this .....

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