report of the Chemical Examiner. The demand of
the respondent for retesting of samples was declined but in order to obviate
any unfair treatment ... reasons, namely, (1) Rejection of the request of the
respondent for retesting the samples on the ground that there is no such
provision
Supreme Court has observed:-
"The demand of the respondent for retesting of samples was declined but in order to obviate any unfair treatment ... reasons, namely, (1) Rejection of the request of the respondent for retesting the samples on the ground that there is no such provision
Supreme Court has
observed:-
"The demand of the respondent for retesting of samples was declined
but in order to obviate any unfair treatment ... reasons, namely, (1) Rejection of the request of the respondent
for retesting the samples on the ground that there is no such provision
Supreme Court has observed:-
"The demand of the respondent for retesting of samples was declined but in order to obviate any unfair treatment ... reasons, namely, (1) Rejection of the request of the respondent for retesting the samples on the ground that there is no such provision
other things, the remnant sample being sent for re-test instead of second or third sample and again sought for retest of these samples ... results of retest. Having requested for retest, they cannot now take the plea that the result of the retest of the sample cannot be reliedupon
appellants' request for retest of these 10 samples the department subjected only 9 samples to retest and as a result thereto 3 more samples ... goods pertaining to the lots in respect of which the relevant samples on retest were found to be not in confirmity with the declaration given
samples for excise purposes;
"Rule 56. Taking of samples for excise purposes.-(1) The manufacturer shall permit any officer to take samples ... received by him, request the Assistant Collector, Central Excise that the samples be retested."
Relying on this Rule the learned counsel further submitted that
testing of samples. The plea of redraw of samples was turned down, but re-testing of the samples already drawn was permitted. Accordingly, CRCL conducted ... been done on samples prepared by him and not on the samples drawn from the assessees' factories. The test samples were prepared
chemical analysis. The taking of three samples is to ensure that if the test of one sample sent to Chemical Examiner is found ... manufacture of asbestos yarn. We, therefore, request you to get the sample retested".
Thus the retest was asked only to determine whether the cotton
view of above we would request you to get the sample retested from
Central Laboratory, New Delhi, as provided in Sub-rule (4) of Rule ... retesting of samples had been allowed. An
endorsement on the letter dated 7-9-1988 shows that the samples were sent for
retesting
