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TMI Blog2008 (6) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... y Kumar, DR, for the Respondent. [Order per : M. Veeraiyan, Member (T)]. - Heard both sides on the Misc. application. It is noticed that though three appeals were listed on 29-2-2008, in the final order issued, only the details of the case relating to Appeal No. 2637/2004 alone has been discussed and those relating to other appeals not mentioned. However the preamble to the order dated 29-2-200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority and twice by the Commissioner (Appeals) and now the matter is before the Tribunal. (c) The original authority has held that the procedure for receiving the damaged cement under Rule 96ZV has not been correctly followed and that the test report relied upon by them did not indicate the exact quantum of cement that was recoverable and that the claim of the appellant that the entire quantity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent being higher than the stipulated standards, such mixing of small quantity did not affect the overall quality of the cement produced by them. He also submits that the reliance placed by the Chemical Examiner on the tour note relating to some other cement company which dealt with "damaged (set) cement" is not relevant to their case. The Chemical Examiner in their case observed that the cement ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be construed as meaning that the cement has already set and it cannot be reprocessed. The nature of reprocessing claimed by the appellant is feasible. If the damaged is mixed with good cement and subjected to grinding, as claimed by the appellant, then the claim of recovery of cent percent by weight of the damaged cement is possible. It is not denied that the original consignment has been clea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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