2004 (11) TMI 115

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.... - In this reference, the Tribunal remanded the case back, as according to it, the issue involved before it was whether the material removed by the party was an industrial waste or pure Methanol. The party claimed it was industrial waste whereas the Department claimed it was Methanol. It is the admitted case of the parties that the material is not available as it has been used by the party. Howeve....

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....w, it is stated that it is not possible for the concerned authority to dispose of the matter afresh in accordance with the direction of the Tribunal, because the testing of the material is not at all possible as the material is not available. The learned Counsel for respondent, however, submits that the Tribunal did not ask the authorities to test the material. It merely remanded the case on the g....