2010 (6) TMI 355 - AT - Central Excise

Adjudication natural justice - Apart from using such third degree words against the impugned order there is serious allegations against the adjudicating authority that the order was already prepared and kept ready and hearing was only an empty formality - appellants had not adduced any evidence for such a claim - The appellants are directed to file an affidavit indicating the basis for making such allegation Commissioner to file a reply to this specific allegation

Summary

The Appellate Tribunal CESTAT, New Delhi heard a stay petition where severe allegations were made against the Commissioner for passing an order without fair consideration. The appellants claimed the order was prepared before the hearing, violating natural justice. The tribunal directed the parties to submit affidavits regarding these allegations and adjourned the matter to 16-7-2010.