Testing procedure should not be subject to cross-examination by ...

Appellant cannot cross-examine testing procedure; non-experts aren't qualified to dispute expert technical details.

September 23, 2016

Case Laws Customs AT

Testing procedure should not be subject to cross-examination by the appellant as the credibility of the test is not in question and a non-expert may not be in a position to query an expert on technicalities - AT

View Source

← Previous Next →

Testing procedure should not be subject to cross-examination by ...

Appellant cannot cross-examine testing procedure; non-experts aren't qualified to dispute expert technical details.

September 23, 2016

Case Laws Customs AT

You may also like:

Violation of principles of natural justice - opportunity for cross-examination. Evidentiary value of statements recorded u/s 14 of the Central Excise Act, 1944 cannot be...

Imported goods classified under incorrect tariff heading, appellants denied opportunity for cross-examination and access to test reports, violation of natural justice...

Violation of principles of natural justice - denial of cross-examination - revocation of customs broker license, forfeiture of security deposit, and penalty imposed by...

The Appellate Tribunal considered a case involving contravention of section 9(1)(f)(i) of FERA 1973. The appellant argued lack of material and violation of natural...

Imported goods classified as 'other' instead of 'Naphtha' due to lack of evidence of prescribed ASTM D86 testing method followed. Appellant argued witness changed stance...

Imposition of penalty - Smuggling - Gold bars of foreign origin - illegally imported goods - CESTAT held that, once the two Appellants disputed the fact of recovery of...

Sewing machine needles classification under Customs Tariff Act, 1975 - sub-heading 8452 30 or tariff item 8448 5190 disputed. Declared value rejected, anti-dumping duty...

This case pertains to an alleged offense under FEMA involving bogus purported exports with inflated invoices to obtain export benefits, where the goods never reached the...

Classification of goods - ARH-C Crude Oil - Clearly, since the said report was in favour of Appellant, they had bona-fide belief that the matter in their favour....

Misdeclaration of description and value - Validity of test report - Cross examination of Chemical Examiner - In the present matter, refusal to allow cross-examination of...

Dishonour of Cheque - right of the accused to cross examine the complainant - The trial Court, committed error in observing that the petitioner is silent on the specific...

The appellant imported ELISA Test Kits for food testing but classified them under 3822 00 90 as diagnostic kits to claim exemption under customs notifications. The...

Mis-declaration and mis-classification of goods - It is unfair to allege that the appellants have mis-declared the goods without any categorical finding of an expert...

Principles of natural justice (audi alterem partem) - whether the adjudicating authority was right in refusing an opportunity of cross-examination of natural persons...

HC held that both appellants must be given opportunity to cross-examine witness Mr. B under Section 138(B) of Customs Act, addressing discriminatory treatment by CESTAT...

Quick Updates: