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3. On remand, in accordance with the directions given by the Hon'ble Supreme Court we gave the opportunity to the parties to produce materials in support of their respective contentions. Instead of filing any material the respondent moved an application stating that in pursuance of the directions of the Hon'ble Supreme Court the department had referred the matter to the Fertilizers Association of India and that it would be essential to direct the appellants to file an affidavit regarding the actual process of manufacture and utilisation of MAP during the relevant time. Consequently the Bench directed the appellants to file the affidavit and also gave a further period of 4 weeks to the respondent for filing the counter-affidavit as also the opinon of the Fertilizers Association of India. Accordingly the appellants filed the affidavit of Dr. V.N. Rao, Manager-Operations of the appellants and the respondent filed the report of the Fertilizers Association of India. In his affidavit Dr. V.N. Rao, Manager-Operations of the appellants had stated his qualifications and experience to show that he is an expert. In his affidavit he had referred 6 Annexures. Annexure-1 is the process description which sets out the details of the process employed by the appellant-company during the relevant period for the manufacture of complex fertilizers. The said Annexure is duly supported by the "diagram" and process description. Annexure-2 is a copy of the test report of School of Chemistry of Andhra University certifying that there was no chemical reaction between MAP and NH3 vapour, that is to say, that there was no chemical reaction at all in the granulator between the ammonia and the imported MAP within the normal 2 to 3 minutes retention time (process time) in the granulator. Annexure-3 is the "technical note" of the use of "MAP" in the manufacture of GROMOR 28 : 28 : 0 fertilizer certifying that no chemical reaction takes place while the particles of MAP get the coating of slurry in the granulator. Annexure-4 is the test report on artificially mixed MAP, urea, muriate of potash mixture given by the Head of the Department of Physical and Nuclear Chemistry and Chemical Oceanography, Andhra University certifying that the results mentioned in the test report do not suggest any chemical reaction. Annexure-5 is the copy of the analysis report of 6 samples (X-ray diffractograms) issued by the Regional Research Laboratory, Hyderabad and Annexure-6 is the report of the School of Chemistry of Andhra University certifying that on conducting X-ray diffraction test on GROMOR 28-28-0 and GROMOR 14-35-14 alongwith the standards given by the appellants, X-ray diffraction analyses clearly showed that the samples contain distinctly separate crystals of DAP, MAP and urea in GROMOR 28-28-0 and DAP, MAP and KC1 in the case of GROMOR 14-35-14. Dr. V.N. Rao has referred these Annexures in his affidavit to substantiate his opinion that the MAP imported by the appellant-company and used in the manufacture of complex fertilizers remain as MAP in the finished complex fertilizers and did not undergo any chemical reaction and retain its physical and chemical properties in the said finished chemical fertilizers. To the same effect is the report of Fertilizers Association of India , dated 10-6-1987 certifying that We are, therefore, convinced that no chemical reaction has occurred in the process of manufacture with mono-ammonium phosphate used in the CFL plant and the MAP so added has retained its physical and chemical characteristics in the complex fertilizers produced. The mono-ammonium phosphate should have retained its identity and entered the soil as MAP even when converted into complex fertilizer by the process of manufacture adopted by M/s. CFL.