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2008 (9) TMI 307 - AT - Central ExciseTwo Show Cause Notices raising demand of duties against the same appellant in respect of final product cleared by them during the same period Feb. to June 2003 – one on the ground of diversion of goods second on the ground of under valuation – held that the department cannot blow hot and cold in the same breath and has to adopt only one stand. – accordingly order of the commissioner set-aside and remanded the matter to Commissioner for fresh decision along with decision on the earlier show cause notices referred supra. The appellant’s grievance as regards cross-examination of various witnesses and deponents whose statements are relied upon would also be looked into afresh by the adjudicating authority.
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