TMI Blog2015 (4) TMI 642X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant : Mr Sukhdev Sharma, Adv. For the Respondent : Mr Jagmohan Bansal , Adv. ORDER S.J. Vazifdar, Acting Chief Justice (Oral): CM-20526-CII-2014: For the reasons stated in the application, the delay of 11 days in filing the appeal is condoned. Application stands disposed of. CUSAP No.40 of 2014: This is an appeal against the order of the CESTAT setting aside the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions? iii) Whether the date of import of Sandalwood to be taken as date of filling of Bill of Entry or the date of Proforma Invoice and its remittance? iv) Whether the Tribunal is right in holding that the Respondent is legally entitled to the benefit of Provisions of Paragraph 1.5 of Chapter 1A of Import-Export Policy 2004-09? v) Whether the Tribunal is right in applying the ratio of d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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