CESTAT grants retesting by CLRI to small exporters despite restrictions

The Appellate Tribunal CESTAT CHENNAI allowed the appellant's plea for retesting of samples by CLRI, despite general restrictions on retesting by outside laboratories. The tribunal made an exception due to the appellant's status as small exporters and genuine doubts about the initial testing, permitting retesting subject to availability of original samples and payment of necessary fees. The appeal was allowed in favor of the appellants, granting them the opportunity for retesting in this specific case.

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Issues: Retesting of samples by CLRI, Justification for retesting, Procedure for retesting, Small exporters' plea for retesting

In the judgment by the Appellate Tribunal CESTAT CHENNAI, the issue at hand was regarding the retesting of samples by the Central Leather Research Institute (CLRI). The appellant had made a pre-deposit of Rs. 2 lakhs before the first appellate authority. The advocate for the appellant requested retesting of the sample by CLRI, citing doubts about the initial testing. On the other hand, the Senior Departmental Representative argued that there was no justification for retesting as CLRI is a reputable institute for testing leather goods. The tribunal noted that the procedure allows retesting when the initial testing is conducted by the Chemical Examiner/Deputy Chief Chemists and a request for retesting is made before the original authority. Typically, retesting is not permitted for outside testing laboratories to avoid frivolous requests. However, considering the appellant's status as small exporters and their genuine doubt about the initial testing, the tribunal made an exception. The retesting was allowed, subject to the availability of the original samples and payment of necessary fees by the appellants. Ultimately, the appeal was allowed in favor of the appellants, granting them the opportunity for retesting in this particular case.

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