2001 (9) TMI 960 - AT - Customs

Summary

Issues:
1. Interpretation of Notification 79/95-Cus.
2. Denial of natural justice in refusing re-testing of samples.
3. Authority for re-testing of samples - CRCL, New Delhi.

Analysis:
1. Interpretation of Notification 79/95-Cus.: The case involved the import of Low Ash Metallurgical Coke (LAM Coke) by M/s. TISCO under advance licenses and DEEC based on Notification 79/95-Cus. The dispute arose when the chemical examiner found the ash content in the imported Coke to be more than 20%, exceeding the permissible limit of 15% for duty exemption. The Assistant Commissioner of Customs confirmed duty payment of Rs. 1,78,62,165/- on the importers, stating that the exemption was not applicable due to high ash content. The Commissioner (Appeals) later set aside this order, citing lack of consideration of specific conditions and denial of re-testing, emphasizing the denial of natural justice.

2. Denial of natural justice in refusing re-testing of samples: The Commissioner (Appeals) observed that the Assistant Commissioner had not addressed the specific conditions raised by the importers nor considered their request for re-testing the samples. Denying the re-testing request was deemed a violation of natural justice. The Commissioner directed the re-testing of samples available with the party or the department at government laboratories like CRCL, New Delhi or National Test House, Alipore, to ensure a fair assessment.

3. Authority for re-testing of samples - CRCL, New Delhi: In the appeal against the Commissioner's order, the Revenue objected to the direction for re-testing by laboratories other than CRCL, New Delhi, as per Board's instructions. The Revenue argued that re-testing by other labs was only acceptable if government facilities were unavailable. The respondents' counsel agreed to re-testing by CRCL, New Delhi. The Tribunal modified the order, allowing re-testing only through CRCL, New Delhi, emphasizing that the final decision would be based on the re-test report. The appeal and stay petition were disposed of based on this modification.

In conclusion, the judgment addressed the interpretation of duty exemption under Notification 79/95-Cus., highlighted the importance of natural justice in considering re-testing requests, and specified CRCL, New Delhi, as the authority for re-testing samples in such cases.