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2010 (12) TMI 489 - HC - Central ExciseNatural Justice - The appeal is taken up on the point violation of principle of natural justice as the first authority while adjudicating the matter did not allow to cross-examine the persons whose evidence and/or statements were said to have been relied on - In spite of this point being taken it has come to our notice that the learned Tribunal has not dealt with on this aspect - Hence, the Tribunal should have scrupulously examined whether the deposition of the witnesses was relied on by the first authority while passing order of adjudication - At the outset the appellant asked for cross-examination of those persons or even if it is not asked, whether the first authority offered to the appellant for cross-examination of those persons ought to have been looked into. Held that: direct the Tribunal to decide afresh firstly after making an enquiry whether statement and/or deposition of any person or persons was relied on by the first authority in decision making process, secondly, whether the appellant was given a chance to cross-examine either on request or without any request.
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