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2012 (9) TMI 27 - AT - Central ExciseApplication for recall of the order – Held that:- Once the adjudicating authority was fully aware that even assuming on account of fault of assessee, the documents were not available to the assessee before commencement of the adjudication proceedings, nothing prevented the adjudicating authority to issue a notice to the assessee to appear before such officer and thereupon require the department to furnish the copies of relied upon documents - Merely observing that the assessee failed to collect the relied upon documents was not sufficient to justify ex parte proceedings - ROA application is dismissed
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