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2010 (4) TMI 406 - HC - Central ExciseRectification of Mistake - on the ground that the application had been treated as an application for rectification of mistake. It is contended that in view of the order passed by the High Court, the Tribunal should have re-considered the appeal on merits. On merits of the first order, it is submitted that the annexures supplied to the appellant along with the panchnama were totally different from the annexures supplied with the show cause notice. Hence, the appellant had requested the adjudicating authority to permit the appellant to cross-examine the panchas. It is submitted that despite such specific request having been made, the appellant was not permitted to cross-examine the panchas which has resulted into violation of the principles of natural justice. Held that- contention on cross examination not raised before Tribunal. Impugned Tribunal order indicating that appellant neither appeared nor adjourned. Sought on the date of hearing. Concurrent findings on the fact based on appreciation of evidence. . question of law not arise.
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