TMI Blog2018 (7) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... oss examination of chemical examiner impugned order has been passed which is in gross violation of principle of natural justice - Moreover, when the adjudicating authority, itself is in doubt with regard to the chemical examiner’s report, in that circumstances, it would be in the interest of justice to grant cross examination to chemical examiner, CRCL to the appellant. After granting cross exa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 44306.90 Kg. of Lubricant Oil- Open Gear. The samples were drawn were sent to CRCL who vide Report dated 19.02.2015 hold that the goods in question are hazardous waste as PAH contained is more than the prescribed limit. Thereafter, the appellant give a representation to the department for clearance of the goods, stating the goods are not hazardous waste. The Revenue sought clarification with rega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the certified copy of the order of the Hon ble High Court. Thereafter, the adjudication order was passed which was challenged by the appellant before the Ld. Commissioner who upheld the order of the adjudicating authority as referred in paragraph 1 herein above. Against the said order, the appellant is before us. 3. After hearing both the sides, we find that the adjudicating authority consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant. Therefore, we set-aside the impugned order. As it is a case of live consignment, therefore, we remand the matter back to the adjudicating authority to adjudicate the same within 2 months from the date of receipt of this order after affording cross examination of chemical examiner to the appellant. After granting cross examination to chemical examiner, the adjudicating authority shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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