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2012 (11) TMI 442

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..... ocates: for Assessee.   Shri S.K. Mall, A.R.: for the Revenue.   Per: M.V. Ravindran:   When these appeals were called for final disposal, we find that the issue involved in these cases is totally based upon the documents which were recovered during the raid in the premises of main appellant company M/s Shree Rama Multi Tech Ltd. The adjudicating authority has passed an order con .....

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..... nts while defending the case before the Tribunal. He submits that in the interest of justice, the matter may be remanded back to the adjudicating authority.   3. Ld. A.R. Shri S.K. Mall would submit that the appellant herein had not taken this plea of non-receipt of relied upon documents when they filed the appeals and when the matter was called for stay. It is his submission that against th .....

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..... ellant recently i.e. after the matter has been adjudicated and the matter came up for final disposal before Tribunal. Suffice to say that non-granting of relied upon documents to the main appellant and other appellants would have made their plea and the defence before the adjudicating authority as a weak submission, we are of the considered view that the entire issue needs to be reconsidered by th .....

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..... o adjudicating authority at that stage itself. Be that as it may, we find that the justice would be served, if the matter is remanded back to adjudicating authority. We are also of the view that since the issue involved in these cases is of 2005, the adjudicating authority should try to hear and dispose off the matter within six months from the date of receipt of this order or on production of a c .....

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