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TMI Blog2016 (4) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... asudev Garg v. Commissioner of Customs ( 2013 (5) TMI 350 - DELHI HIGH COURT ) within two weeks of the receipt of such request. The adjudicating authority will fix a time bound schedule for the cross-examination such of those Department's witnesses in terms of the decision on the Petitioner's request in that behalf. It will be open to the Petitioner to raise a ground of challenge to denial of the cross-examination of any of the Department's witnesses at the stage of challenge, if any, to the adjudication order if the circumstances so warrant. The Petitioner will not seek any unnecessary adjournments and will participate in all the hearings before the adjudicating authority. The adjudicating authority will endeavour to conclude the adj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner of Central Excise, Chennai v. Eutectoid Steels 2010 (250) ELT 413 (Tri.-Chennai). On the other hand, learned counsel for the Department submitted that the request itself was premature and the Petitioner could not insist on first cross-examining the witnesses of the Department before he filing the final reply to the SCN. She added that the Department will abide by the Manual as and when the stage is reached for cross-examining the witnesses of the Department. 5. This Court while directing notice to issue in this petition on 30th January 2015 had stayed further adjudication pursuant to the SCN dated 4th April 2013. 6. It is plain that the Petitioner was under a misconception that the Petitioner could postpone the submission o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ross-examination of any of the Department's witnesses at the stage of challenge, if any, to the adjudication order if the circumstances so warrant. (d) The Petitioner will not seek any unnecessary adjournments and will participate in all the hearings before the adjudicating authority. (e) The adjudicating authority will endeavour to conclude the adjudication proceedings and render a decision within a period of eight months after the commencement of hearing consequent upon the filing of the final reply by the Petitioner to the SCN. 8. The writ petition is disposed of in the above terms. CM No. 1499/2015 (for stay) 9. The stay granted by this Court by the order dated 30th January 2015 is vacated. 10. The application is d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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