2018 (11) TMI 1668

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.... And Mr. Anil G. Shakkarwar, Member (Technical) Shri Sandeep Kumar Singh, Deputy Commissioner (AR) for Appellant Absent, for Respondent Archana Wadhwa Being aggrieved with the order passed by the Commissioner (Appeals), Revenue has filed the present appeal. We have heard learned AR Shri Sandeep Kumar Singh appearing for the Revenue. Nobody appeared for the respondent. 2. As per fact....

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....red to be of foreign origin. Samples were also sent to the Arecanut Research & Development Foundation (ARDF), Manglore, which reported the same to same to be of "Indonesian" origin. 4. On the above basis proceedings were initiated against the respondent for confiscation of betel nuts on the allegation that the same were of foreign origin and appeared to have been illegally smuggled into India. ....

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.... of Customs, Lucknow reported at 2004 (174) ELT 205 (Tri.- Kolkata). Further, the Tribunal in the case of Bijoy Kumar Lohia V/s CC Patna, reported at 2006 (196) ELT 215 (Tri.-Kokatat) has held that the local trade opinion cannot take the place of the legal evidence. We also note that the reliance on the opinion of Arecanut Research & Development Foundation (ARDF), Manglore as regards the country o....