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2018 (3) TMI 1255

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..... DR) - for the Respondent.   Shri Justice Dr. Satish Chandra, President And Shri B. Ravichandran, Member (Technical)   Per. B. Ravichandran :-   These two appeals have already been dismissed twice for non-prosecution. The restoration application now filed is for restoring the appeal again recalling final order No. 57009- 57010/2017 dated 18/09/2017. Having heard learned Counsel fo .....

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..... ity to defend their case as they did not get the relied upon documents more specifically the test report, which was held against them.   3. The learned AR opposed the appeals on the ground that the documents which were relied were all in the knowledge or custody of the appellant. The appellants originally agreed on imposition of anti dumping duty due to test report received on the impugned g .....

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..... ond undertaking for payment of differential duty, request for provisional release order for provisional release of goods, seizure of the goods under Section 110 of the Customs Act, 1962, test report, test memo etc. We note all these documents were either provided by the appellant or done with the knowledge and concurrence and signature of the appellant. The crucial aspect submitted by the learned .....

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..... tatements given by the proprietor in 2008 were not voluntary is not acceptable as such claim is made in 2010.   5. On overall examination of facts and circumstances of the case and the contents of the impugned order alongwith the submission of the learned Counsel, we find there is no violation of principles of natural justice in the present case. The appellant did not make any serious contes .....

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