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Kothari Product Ltd & Anr. Versus Commissioner of Customs (Export) ICD Tughlakabad New Delhi & Anr.

2016 (5) TMI 1040 - DELHI HIGH COURT

Seeking cross-examination of two persons whose statements were relied upon while issuing the SCN - Cross-examination denied by the order that "there is no such direction in the above referred order of Hon’ble High Court of Delhi and also the same was also never sought by you at the time of adjudication proceedings held earlier in the said matter.” - Held that:- the reason given is plainly untenable apart from the fact that the AC who passed the above order is not the AA himself. It is pointed ou .....

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xamination of the two persons whose statements have been relied upon by the Customs Department. The impugned order is quashed with a direction to AA to permit the Petitioner to cross-examine the two persons within a time schedule to be fixed by the AA. - Petition disposed of - W.P.(C) 309/2016 & CM 1261/2016 (stay) - Dated:- 17-2-2016 - S.MURALIDHAR & VIBHU BAKHRU JJ. Petitioners Through Mr Pankaj Bhatia, Advocate. Respondents Through Mr Satish Kumar, Senior Standing < .....

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ed. 2. This Court had while disposing of Writ Petition (Civil) 9080/2015 (Kothari Product Ltd. v. Commissioner Of Customs Export) by an order dated 17th November 2015 set aside Order-in-Original dated 8th June 2015 and directed the Adjudicating Authority (AA) to supply copies of all the relied upon documents within a week to the petitioner. Within four weeks thereafter, a reply to the show cause notice be furnished to the adjudicating authority by the petitioner. No further extension .....

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his Court to indicate that the AA should not entertain any request by the petitioner for cross-examination of any of the persons whose statements have been relied upon while issuing the SCN to the Petitioner. Yet in the impugned order the only reason given by the AC for rejecting the request is that there is no such direction in the above referred order of Hon ble High Court of Delhi and also the same was also never sought by you at the time of adjudication proceedings held earlier in the said m .....

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