2016 (4) TMI 536

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..... epartment had agreed to a second test report without reserving any right to rely upon the first test report, it is not open to the Department to contend that the second test report ought to be dumped. The samples sent for the second test had also been drawn from the very same consignment. The samples were actually available with the Department. Therefore, no confiscation of goods required. - Decid .....

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..... second test report is correct ignoring the fact that the second test itself 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 respondent. 3. The respondent filed a bill of entry on 29.4.2004 for the clea .....

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..... Order in Original being passed, directing the confiscation of the entire material, with a condition that the goods can be redeemed upon payment of fine and anti dumping duty. The respondent filed an appeal before the Tribunal. Before the Tribunal, a second test report was produced from the very same Institute as per which, the goods were of 3A Grade. Therefore, based upon the same, the Tribunal al .....

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