Remand directions and fair examination requirements were ignored, so the adjudication was set aside and export relief followed.

Failure to comply with remand directions requiring a retest by a recognised Gems and Jewellery Laboratory, and failure to consider the request for fair examination of the goods and the supporting manufacturing evidence, rendered the adjudication arbitrary and unsupported by reasons. The authority proceeded without carrying out the directed retest or properly addressing the material on record, so the order could not stand. The impugned adjudication was set aside and the goods were directed to be returned or permitted to be exported forthwith.

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Issues: Whether the adjudication order was sustainable when the directions issued in remand were not complied with and the request for retest and fair examination of the goods was not properly considered.

Analysis: The matter had earlier been remanded with a direction to obtain retest from a recognised Gems and Jewellery Laboratory and then decide the classification and antiquity status afresh. The record showed that the appellant had produced a laboratory certificate for similar manufactured goods and material relating to the manufacturing process, but the adjudicating authority proceeded without giving effect to the remand directions. The order was passed without proper consideration of the evidence and without the directed retest, rendering the decision arbitrary and unsupported by reasons.

Conclusion: The impugned adjudication order was unsustainable and was set aside. The appeal was allowed, with consequential direction for return of the goods or permission to export them forthwith.

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