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M/s SDS Ramcides Crop Science Private Ltd (formerly Sree Ramcides Chemicals Pvt Ltd.) Versus The Commissioner of Central Excise

2016 (4) TMI 887 - MADRAS HIGH COURT

Seeking direction to cross-examine the Chemical examiner - Violation of principles of natural justice - Held that:- as per submission of respondent that Chemical Examiner's report can be eschewed or ignored by the appellate authority, while deciding .....

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ying upon the Chemical Examiner's report. - Petition disposed of - W.P.No.30771 of 2015, M.P.No.1 of 2015 - Dated:- 15-3-2016 - M. Duraiswamy, J. For the Petitioner : Mr.Hari Radhakrishnan For the Respondent : Mr.A.P. Srinivas, Standing Counsel ORDER .....

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e and further direct the respondent to permit the petitioner to cross-examine the Chemical Examiner, whose report has been relied upon in the impugned order dated 01.09.2015. 2. The learned counsel for the petitioner contended that the respondent sho .....

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spondent should have given an opporunity to cross examine the Chemical Examiner, who had given a report stating that the product is not a Fertilizer. Further, the learned counsel submitted that denying the opportunity of cross examination is a clear .....

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n into consideration only at the instance of the petitioner and that the respondent had not taken the same on his own for consideration. The learned Standing Counsel also submitted that even without the Chemical Examiner's report, the respondent .....

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Examiner's report. That apart, the learned Standing Counsel submitted that even if the Chemical Examiner's report is eschewed or ignored, the impugned order passed by the respondent would stand. 4. The learned Standing Counsel further submit .....

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authority may be directed to decide the matter, on merits and in accordance with law, without relying upon the Chemical Examiner's report. 5. Since the learned Standing Counsel, appearing for the respondent submitted that the Chemical Examiner&# .....

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