Introducing the “In Favour Of” filter in Case Laws.
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Introducing the “In Favour Of” filter in Case Laws.
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of The appellate tribunal held that the imported goods cannot be classified as hazardous waste based on the test results. The acidity, ash content, sediment, and water content were within permissible limits, and heavy metals were not detected. The goods appropriately fall under the category of 'used oil' suitable for recycling. The authorities failed to examine the parameters for determining classification as off-specification furnace oil/waste oil or hazardous waste systematically. The appellants' request for re-testing was dismissed without following due process and principles of natural justice. The evidence relied upon by the department to allege misclassification as 'fuel oil' and classification as 'hazardous waste' did not withstand legal scrutiny. The department failed to substantiate the grounds for confiscation, redemption fine, and penalty. Consequently, the tribunal set aside the impugned order and allowed the appeals in favor of the appellants.
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