Home Case Index All Cases Customs Customs + HC Customs - 2009 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (1) TMI 285 - HIGH COURT OF DELHITesting of samples - petitioner sought for re-testing of the goods - Held that:- The most appropriate order would be to direct the respondents to draw the fresh samples and forward them to a third Institution, for testing. Learned counsel agree that the third Institution can be Northern India Textiles Research Association (N.I.T.R.A.), another Centrally sponsored body. The respondents shall forward five (5) samples of the goods imported by the petitioner and seek opinion from the N.I.T.R.A. as to the characteristics of the same to assist in their proper classification for the adjudication proceedings. In view of the divergent opinion expressed by the expert bodies and the fact that even according to the Sriram Institute for Industrial Research, the duty would be ₹ 56,76,841/-, the Court is of opinion that if the petitioner desires to have the goods released on provisional basis, the said entire amount should be deposited. Additionally to cover the differential, if any, which may be the result of an adjudication order after considering all relevant materials, ends of justice would be served if the bank guarantee furnished for ₹ 11,73,710/- is retained till the issuance of the final adjudicating order.
|