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UMBAR MARKETING PVT. LTD. Versus COMMISSIONER OF CUSTOMS (PORT) & ANR.

2016 (8) TMI 712 - Calcutta High Court

Import of textile - assessed to be cloth used for manufacturing umbrella by the Customs Authorities - re-testing of samples - Held that:- The issue here is as to whether it is reasonable that a solitary test be conducted in respect of any particular .....

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the matter is that the applicable provisions do not prohibit the conduct of a second test. Thus, since the petitioner is dissatisfied with the test conducted on the goods by IIT, Delhi, a second test may be conducted. The parties have agreed that th .....

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ithin a week from date and the result obtained within a fortnight thereafter. - WP No. 212 of 2016 - Dated:- 8-3-2016 - SANJIB BANERJEE J. Mr. Sudhir Kr. Mehta, Adv., Mr. R. Bharadwaj, Adv. And Mr. K. K. Maiti, Adv. for the Appearing parties. ORDER: .....

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notice was issued to the petitioner. The sample was sent for testing at Indian Institute of Technology (IIT), Delhi, but the petitioner claims that IIT did not have the authority to examine the goods. In any event, the petitioner says that it is arb .....

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permit a re-examination of the goods to be conducted. The respondents reason that if a re-test were permitted to be conducted upon the previous test result not satisfying any person, the process could go on endlessly. 4. The issue here is as to wheth .....

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ve been tailor-made to suit the interests of the assessee. The important feature of the matter is that the applicable provisions do not prohibit the conduct of a second test. Thus, since the petitioner is dissatisfied with the test conducted on the g .....

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