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2016 (5) TMI 443 - ALLAHABAD HIGH COURT

2016 (5) TMI 443 - ALLAHABAD HIGH COURT - 2016 (333) E.L.T. 389 (All.) - Whether the judgment relied upon by the Appellate Tribunal to remand the matter back to the adjudicating authority for allowing the respondent to cross-examine the witness is correct - Held that:- the appellant is unable to place any judgment holding a contrary view on the proposition of law as has been relied by the respondent as well as the law relied upon by the Appellate Tribunal in its judgment. Once the position of la .....

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16 - Amreshwar Pratap Sahi and Attau Rahman Masoodi, JJ. Shri Rajesh Singh Chauhan and Anand Swaroop Rai, Counsels, for the Appellant. Shri Pankaj Bhatia, Counsel, for the Respondent. ORDER Heard learned counsel for the appellant and Sri Pankaj Bhatia who has put in appearance on behalf of the respondent. 2. This Central Excise Appeal under Section 35G of the Central Excise Act, 1944 arises out of an order dated 12th August, 2011 passed by Customs, Excise & Service Tax Appellate Tribuna .....

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ed counsel for the appellant does not dispute the position that the law laid down by this Court in the judgment mentioned above remains unsettled and the opportunity of cross-examining witnesses is available to the assessee. 4. In support of the contention based on the judgment referred to above, learned counsel for the respondent has further placed before us a judgment rendered by Hon ble Apex Court in the case of Andaman Timber Industries v. Commissioner of Central Excise, Kolkata-II repo .....

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