2013 (1) TMI 391

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..... s clarified today that no sample was tested by Sri Ram Institute for Industrial Research - Held that:- It would be proper to send the matter back to the Adjudicating Authority to confront the report of CRCL to the appellant for leading its defence. If the authority is satisfied that retesting is warranted he should order for retesting of the goods Appellant is directed to make application t .....

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..... stage learned Counsel says that the contents of report were not confronted to the appellant to lead his defence. 2. This matter has been heard earlier. It was submitted on behalf of the appellant that report of Sri Ram Institute for Industrial Research, New Delhi was obtained but it is clarified today that no sample was tested by Sri Ram Institute for Industrial Research while in the earlier .....

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..... would be proper to send the matter back to the Adjudicating Authority to confront the report of CRCL to the appellant for leading its defence. If the authority is satisfied that retesting is warranted he should order for retesting of the goods. It is made clear that reason is heartbeat of justice and it is not possible to hold anything against any side since we find that order itself suffers infir .....

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