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2016 (10) TMI 267 - HC - CustomsGenuineness of the certificate of origin of goods - country of origin of the goods - Malaysia or China? - The question, as to whether the first respondent was justified in disbelieving, or ignoring the certificate issued by the Malay Chamber of Commerce, and if he had to disbelieve the same, whether the Operational Certification Procedure had to be adhered to, and whether the first respondent could have issued the show cause notice for all the seven containers, when even as per the averment made in the notice states that only three containers have originated from China, are all factual issues, which have to be agitated before the Authority. Held that: - Nevertheless, if the importer raises the issue relating to the genuineness of the certificate and the validity and its efficacy, by way of filing reply to the show cause notice, then, it goes without saying that the Adjudicating Authority should consider that issue as first issue, because, it has an effect on the entire adjudication. Assuming that the Authority is satisfied with the certificate produced by the petitioner, then the Authority need not proceed further with the other proposals in the show cause notice. Requirement of adherence with the Operational Certification Procedures - Held that: - All the issues, raised by the petitioner, can very well be agitated by way of reply to the show cause notice, and the Court will be inclined to direct the Adjudicating Authority to consider the issues raised by the petitioner. Petition disposed off.
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