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TMI Blog1984 (9) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... has been transferred to the Tribunal under Section 131B of the Customs Act, 1962 and is being disposed of as an appeal. The appeal was posted for hearing on the 12th day of July, 1984. 2. Shri A.K. Chatterjee, the learned J.D.R. had raised a preliminary objection that the revision petition is not signed properly as the appellant has not produced any power of attorney on behalf of the importers. The learned J.D.R. had pleaded that the importers are M/s. Utkal Pesticides Chemicals, Orissa. In the absence of any power of attorney the clearing agents could not sign. The same should be signed by any authorised person of M/s. Utkal Pesticides Chemicals, Orissa. On the request of the parties the appeal was adjourned to 22nd August, 1984 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hury, a partner of Utkal Pesticides Chemicals is very much present in the Court and has stated that he has been authorised by the partner of the firm, Utkal Pesticides Chemicals, Berhampore, Orissa and has also filed a power of attorney signed by Shri K.L. Choudhury in favour of Shri P.R. Biswas. Shri Choudhury has stated in the Court room that he had duly authorised the clearing agents to sign the revision petition on behalf of the firm. Shri Biswas has pleaded that in view of the provisions of Section 147 read with Regulation No. 16 of the Custom House Agents Licensing Regulations, 1965, the revision application signed by the clearing agents should be accepted. He has distinguished this revision petition from the judgment of the CEGAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 of the Imports and Exports (Control) Act, 1947 as amended. A show cause notice was issued to the importer vide letter dated 23rd September, 1977 to show cause why the offending goods should not be confiscated under Section 111(d) of the Customs Act, 1962 and why penalty should not be imposed on the party under Section 112 ibid. In reply to the show cause notice the appellant requested for re-test of the sample by other chemical laboratory as they do not agree with the test result of the Custom House laboratory. A representative sample was then sent to the Central Revenues Chemical Laboratory, New Delhi for re-test. The report from the Chief Chemist also confirmed that the sample is Dicofol of 78.8% purity and since the minimum percentage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Fourth Edition, page 189. The same is reproduced as under :- Dicofol is the common name approved by BSI and by ISO, except Austria and Germany, for 2,2,2-frichloro-1, 1-di-(4-chlorophenyl) ethanol, in C.A. usage 4-chloro-x-(4-chlorophenyl)-x-(trichloromethyl benzene [115-32-3] formerly 4, 3-dichloro-x-(trichloromethyl) benzhydrol; also known as 1,l-bis(chlorophenyl)-2,2,2-trichloroethane . The acaricidal properties of this compound were first described by Barker, J.S. and Maughan, F.E.L.T ecan, Ent, 1956,49.458 and it was introduced, in 1955, by the Rohm Haas Company under the code number FW-293 , trade mark Kelthane and the protection of BP 778, 209; USP 2,8l2,280; 2,812,362; 3,102,070; 3,194,730. It may be made by (a) the chlo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mine hydrolysable chloride and correct for ionic chloride. Residues may be estimated from (a) the chloroform produced by hydrolysis, using the Fujiwara reaction; Rosenthal, I. et al., F.agric. Fd Chem., 1957,5,514; (b) the phenone produced by hydrolysis, measuring absorbance at 264 mm; Gunther, F.A. and Blinn, R.C., ibid., p. 517; (c) by GLC: Seba, D.B. and Lane, C.E., Bull, Environ, Contam, Toxicol., 1969,4,297. He has pleaded that there is no contravention of the Import Trade Control Policy and has pleaded that the appeal of the appellant should be accepted. 8. In reply Shri A.K. Sarkar, the learned S.D.R. has pleaded that the only question in the instant case is that whether the 78% Dicofol should be 3 accepted as Commercially Pu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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