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2008 (4) TMI 647

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..... s, we are of the view that the appellant’s request for re-testing the sample should have been considered, before passing the impugned order - appeal allowed by way of remand. - C/111-112/2008 - A/257-258/2008-WZB/C-II/CSTB - Dated:- 29-4-2008 - S/Shri M.V. Ravindran, K.K. Agarwal, JJ. REPRESENTED BY : S/Shri Anil Balani, Advocate and A.S. Sahota, Consultant, for the Appellant. Shri S.G. .....

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..... ny letters to the adjudicating authority and Commissioner of Customs, New Customs House, Mumbai for re-testing the remnant sample. The adjudicating authority in his Order-in-Original has not given any findings as to why the re-testing is not required. It is observed by the Commissioner (Appeals) that the DYCC is a reputed customs laboratory and independent in its functioning. It is to be noted tha .....

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