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2009 (7) TMI 945

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..... J. Manish, Advocates, for the Appellant. Shri B.K. Singh, Jt. CDR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President (for the Bench) (Oral)]. The appeal taken up on board pursuant to the order passed in Misc. application No. M/576/2009. 2. Heard the learned advocate Shri Ganesh for the appellant and Shri B.K. Singh, learned Jt. CDR for the respondent. 3. Th .....

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..... given to the appellants to cross-examine those persons. In spite of this specific direction, the authority has failed to offer such opportunity and the appellants had again approached the Tribunal, whereby by order dated 17-8-07 passed in Appeal No. 2132/2007, the Tribunal had remanded the matter with specific direction to afford an opportunity of hearing and cross-examination of witnesses before .....

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..... fibre resulting in short payment of duty amounting to Rs. 1,39,17,659.60 (Rupees One crore Thirty Nine Lakh Seventeen Thousand Six Hundred Fifty Nine and sixty paise). 6. With the above observations without analysing the record and without considering the points sought to be raised and without disclosing any reasoning, the adjudicating authority confirmed the demand in terms of show cause notic .....

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..... er relates to the show cause notice issued in 1978. We are already in the year 2009. In the circumstances, while we expect full cooperation from the appellants and prompt action from the adjudicating authority in disposing of the appeal as expeditiously as possible and in any case prior to end of this year. 7. The appeal is disposed of in the above terms. We make it clear that we have not expres .....

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