2008 (8) TMI 306

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..... ings on such request and nor did he decline the cross-examination on that date. Subsequently, when they received the order, they became aware of the cross-examination was being denied. Adjudicating authority could have declined the cross-examination by giving reasons for declining and proceeded ahead with the hearing, upon which the ld. Advocate could have argued the matter on merits. This particu .....

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..... d also the penalties imposed on the applicants. Since the issue arises out of the same order-in-original, both the stay petitions are disposed of by a common order. 2. After hearing both sides for sometime, we feel that the appeal itself can be disposed of on a limited point of violation of principles of natural justice. After granting the waiver of the pre-deposit of the amounts involved, we .....

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..... e us that the adjudication authority has not recorded any findings on such request and nor did he decline the cross-examination on that date. Subsequently, when they received the order, they became aware of the cross-examination was being denied. Adjudicating authority could have declined the cross-examination by giving reasons for declining and proceeded ahead with the hearing, upon which the ld. .....

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