TMI Blog2015 (2) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... the records that CRCL has no equipment to test the represented samples of the appellant. Therefore, the test report given by CRCL is in doubt. The appellant is having a right to ask retest of the samples from any other laboratory other than CRCL when the CRCL is not having equipments to examine required product. In these circumstances, the test report of CRCL is not acceptable - Therefore, the im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication and appeal are taken up together for disposal. 3. The facts of the case are that the appellant imported Calcite Powder or Chalk or Natural Calcium Carbonate. The samples were drawn and sent to CRCL for testing. The report of the CRCL was received and it was termed as these had the characteristic of calcium carbonate processed other than natural calcium carbonate. Therefore, the test rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... testing sample of calcite powder / natural calcium carbonate after 13.09.2013. He further submits that in the case of some other importer, the adjudicating authority has allowed for retesting of the sample from NABL laboratories. He further submits that the report of the supplier of the goods also shows that it is a natural calcium chalk, the said report cannot be denied. Therefore, he prayed tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nducted by a particular laboratory. 6. Heard the parties and considered the submissions. 7. In this case, I find that representative samples were drawn and same were sent to CRCL laboratories. The test report of CRCL has been objected by the appellant. It was also revealed from the records that CRCL has no equipment to test the represented samples of the appellant. Therefore, the test report ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
