2016 (7) TMI 1339

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....am Prasad, Counsel, for the Respondent. ORDER Shri H.S. Rajput, counsel for the petitioners. 2. Shri Gautam Prasad, counsel for respondents. 3. Heard counsel for the parties on admission. 4. Challenging the Show Cause Notice dated 10-2-2015 (Annexure P-2) issued to the petitioners initiating proceedings under Rule 56 of the Central Excise Rules, 1944, petitioners have....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d to the petitioners along with the test result and then only a show cause notice can be issued. It is pointed out that as this statutory requirement has been violated the entire notice is liable to the quashed. 6. Our attention is invited to an order passed by a Bench of this Court in W.P. No. 3650/2015 (M/s. Sahu Traders v. Union of India and others) on 6-11-2015, wherein after consideri....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eafter Sub-Rule (iv) gives a right to the manufacturer to seek re-testing within 90 days. Admittedly in this case after the sample was taken and test report obtained the statutory requirement of communicating the report to the manufacturer and his right to have it re-tested has been denied. It is seen and clear that neither the report has been communicated to the manufacturer nor he was given an o....