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2016 (4) TMI 64 - DELHI HIGH COURT

2016 (4) TMI 64 - DELHI HIGH COURT - 2016 (336) E.L.T. 522 (Del.) - Cross-examination of the witnesses mentioned in the show cause notice (SCN) - Held that:- The Petitioner will submit a final reply to the SCN, on the basis of what has been made available to the Petitioner, within a period of four weeks from today and in any event not later than 14th March 2016. - In the final reply, the Petitioner will indicate the names of the witnesses of the Department whom the Petitioner wishes to cross .....

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t behalf. It will be open to the Petitioner to raise a ground of challenge to denial of the cross-examination of any of the Department's witnesses at the stage of challenge, if any, to the adjudication order if the circumstances so warrant. - The Petitioner will not seek any unnecessary adjournments and will participate in all the hearings before the adjudicating authority. - The adjudicating authority will endeavour to conclude the adjudication proceedings and render a decision within a .....

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) declining the Petitioner s request for cross-examination of the witnesses mentioned in the show cause notice (SCN) issued by the CCE to the Petitioner on 4th April 2013. 2. In response to the above SCN, the Petitioner filed an interim reply on 29th August 2014 stating inter alia that it would file a final and conclusive reply after it is permitted to cross-examine the witnesses of the Department. 3. Clearly, the above request was premature. The CCE should have simply stated that and postponed .....

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nai). On the other hand, learned counsel for the Department submitted that the request itself was premature and the Petitioner could not insist on first cross-examining the witnesses of the Department before he filing the final reply to the SCN. She added that the Department will abide by the Manual as and when the stage is reached for cross-examining the witnesses of the Department. 5. This Court while directing notice to issue in this petition on 30th January 2015 had stayed further adjudicati .....

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