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Customs - Highlights / Catch Notes

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Principles of natural justice - request for cross examination of ...


Court Upholds Denial of Cross-Examination Request; No Prejudice Proven in Show Cause Notice Allegations.

April 4, 2022

Case Laws     Customs     AT

Principles of natural justice - request for cross examination of panch-witnesses and of departmental officers has been rejected - the allegations of Show Cause Notice are based upon the physical examination of the goods that too in the presence of the appellant and the appellant’s proprietor - Nothing cogent has been brought in reply to the Show Cause Notice to prima facie falsify the allegation of show cause notice or even to make the case of any prejudice or to establish that some prejudice has been caused to the appellant by procedure followed. - The Adjudicating Authority has committed no error while denying the opportunity of cross examination of investigating officers and the panch witnesses - AT

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