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The Commissioner of Customs (Exports) Versus M/s Texworth International

2016 (4) TMI 536 - MADRAS HIGH COURT

Payment of redemption fine and anti-dumping duty - Confiscation of mulberry raw silk yarn of 3A grade of Chinese origin - second test report produced as the goods were of 3A Grade - Department itself agreed to a second test report - Held that:- once .....

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o been drawn from the very same consignment. The samples were actually available with the Department. Therefore, no confiscation of goods required. - Decided against the revenue - Civil Misc Appeal No. 1936 of 2010, MP. No. 1 of 2010 - Dated:- 18-3-2 .....

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7.2010 on the following two substantial questions of law : "(i) Whether the order of the CESTAT upholding the qualified and conditional second test report is correct as against the unqualified/ unconditional report done based on the testing of s .....

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was not done in accordance with the established procedure for testing of samples as observed by the testing authority?" 2. Heard Mr.Sekna Reshma, learned counsel for the appellant and Mr.Joseph Prabhakar, learned counsel appearing for the respo .....

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stoms Notification No.106/2003 dated 10.7.2003, the Government of India levied anti dumping duty on the import of mulberry raw silk of 2A Grade and below, originating or exported from China. Since the invoice produced by the respondent declared the s .....

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ated that the samples belonged to 2A Grade. 5. Hence, a show cause notice dated 18.8.2004 was issued, leading to an Order in Original being passed, directing the confiscation of the entire material, with a condition that the goods can be redeemed upo .....

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the Tribunal allowed the appeal of the respondent, forcing the Revenue to come up with the above appeal. 6. Even as per the grounds of appeal filed by the Department, the Department itself agreed to a second test report. Once the Department had agre .....

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