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    <title>2003 (7) TMI 329 - CESTAT, MUMBAI</title>
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    <description>Classification of rubber channels based on a chemical examiner&#039;s report was challenged because the assessee was not given a proper opportunity to test and rebut the material before the appellate authority. The report did not atively establish that the goods were vulcanised rubber other than hard rubber; it referred to elongation and recovery characteristics under Chapter 40 notes but did not state that sulphur or any other vulcanising agent had been used. On that basis, a retest by the Central Laboratory was considered justified, and the classification order was set aside for fresh determination after proper testing and rebuttal opportunity.</description>
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    <pubDate>Tue, 01 Jul 2003 00:00:00 +0530</pubDate>
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      <title>2003 (7) TMI 329 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=107616</link>
      <description>Classification of rubber channels based on a chemical examiner&#039;s report was challenged because the assessee was not given a proper opportunity to test and rebut the material before the appellate authority. The report did not atively establish that the goods were vulcanised rubber other than hard rubber; it referred to elongation and recovery characteristics under Chapter 40 notes but did not state that sulphur or any other vulcanising agent had been used. On that basis, a retest by the Central Laboratory was considered justified, and the classification order was set aside for fresh determination after proper testing and rebuttal opportunity.</description>
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