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2013 (11) TMI 1396 - CESTAT BANGALOREJurisdiction of Adjudicating authority - Cross-examination of the First Secretary (Commerce) - Whether the adjudicating authority is competent to adjudicate the matter or not - order-in-original was passed in the first round of litigation on 17.5.2010 and the matter travelled up to Supreme Court and finally again the adjudicating authority had to take up adjudication. In the meanwhile the appellants were pursuing the matter under RTI Act to get the information relating to the issue from Singapore High Commission. The application to Singapore High Commission was made nearly two years after the adjudication order was passed i.e., 8.6.2012 which was rejected on 5.7.2012. Thereafter the appellate order under RTI Act was passed on 17.8.2012. However, when the adjudicating authority in the second round of litigation took up the matter, the fact that such applications were made and an appellate order had already been passed under RTI Act was not brought to the notice of the adjudicating authority at all, when the personal hearing took place - In fact nothing could have prevented or should have prevented the appellants from seeking the cross-examination of the First Secretary (Commerce) if they intended to do so in the first round of litigation itself, since appellants knew that there was a report and that had been mentioned in the show-cause notice also. Therefore, the submission that the First Secretary (Commerce) should be cross-examined before the adjudication process is completed cannot be accepted. Even though both sides have not produced any decisions, it is clear that there is no bar for adjudication of a matter by the adjudicating authority even if he had some role to play at the time of investigation or in the issue of show-cause notice. What is required to be seen is that there is no bias while passing the order - He had only responded to the query from India about the prices of betel nuts and had sent a report. Therefore, it cannot be said that he was part of the investigation. Therefore, this ground also we are unable to accept - Decided against assessee.
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