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2015 (4) TMI 642 - PUNJAB & HARYANA HIGH COURT

2015 (4) TMI 642 - PUNJAB & HARYANA HIGH COURT - 2015 (321) E.L.T. 38 (P & H) - Import 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 .....

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00 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. - CUS AP No. 40/2014 ( O&M ) - Dated:- 6-4-2015 - S. J. Vazifdar , ACJ And G. S. Sandhawal .....

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tered into a concluded contract before the change in the notification dated 07.04.2006 requiring sandalwood to be imported only against an import licence . 2. The appellant contends that the following substantial questions of law arise: " i) Whether the Tribunal has rightly set aside the O-I-O wherein it was held that the Sandalwood was restricted item prior to filling the Bill of Entry? ii) Whether the Tribunal was right in holding that the agreement was materialized before restricting the .....

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