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Commissioner of Central Excise, Lucknow Versus Shyam Traders

2016 (5) TMI 443 - ALLAHABAD HIGH COURT

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 .....

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e of the considered opinion that the judgment rendered by the Appellate Tribunal does not suffer from any illegality which may call for an interference under the appellate jurisdiction of this Court by virtue of Section 35G of the Central Excise Act, .....

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h 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 Cen .....

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ed back to the adjudicating authority for allowing the respondent to cross-examine the witnesses. From a perusal of the impugned judgment, we find that such a requirement of law being imperative as was held by this Court in a judgment reported in 201 .....

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aid 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 .....

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pex Court judgment, it is submitted that the law laid down by this Court in the judgment already referred to hereinabove stands further fortified under the Apex Court judgment. 6. Learned counsel for the appellant is unable to place any judgment .....

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