2015 (8) TMI 1322 - AT - Customs

Change of laboratory for conducting tests - accredition of a laboratory by the Ministry of Environment & Forests - In Order No. M/4125-4128/15/CB dated 29.07.2015 it was ordered by this Tribunal that the samples may be sent to M/s Ultra Tech Environmental Consultancy & Laboratory for testing. And that it may be verified that the laboratory is accredited by the Ministry of Environment & Forests - Assistant Commissioner of Customs vide his letter F. No. S/7-Gen-82/13-14/Oil Unit dated 10.08.2015 has informed that M/s Ultra Tech vide their letter dated 03.08.2015 have intimated that their laboratory is not accredited by MoEF to test the hazardous nature of Rubber Process Oil - M/s Sky Lab Analytical Laboratory Kalyan (W) have intimated that are recognised by MoEF and have a fully equipped laboratory for testing the Rubber Process Oil. Held that - the samples may be drawn in the presence of both sides and sent to M/s Sky Lab Analytical Laboratory for testing with the consent of both the parties. The drawal of all samples and testing may be completed within 15 days and compliance reported. The sample may be tested by the laboratory to meet the requirement of the Hazardous Waste (Management Handling and Transboundary Movement) Rules 2008 - Cost of analysis to be born by the applicant - application disposed off.

Summary

The Appellate Tribunal CESTAT MUMBAI ordered samples to be sent to M/s Sky Lab Analytical Laboratory for testing as M/s Ultra Tech was not accredited by the Ministry of Environment & Forests. The testing should meet the Hazardous Waste Rules, 2008, and be completed within 15 days. The applicant will bear the cost of analysis.