2017 (2) TMI 477 - HC - Central Excise

High Court emphasizes cross-examination right, sets resolution timeline, and mandates compliance.

The High Court ruled in favor of the appellant, emphasizing the right to cross-examination and remanding the matter to the adjudicating authority for a ... Natural justice - denial of cross examination - Held that: - The directive of the High Court has been completely misread. The assessee will be given the right to cross-examination. The matter is remanded to the adjudicating authority to give a proper opportunity of hearing after giving to the assessee an opportunity of cross-examination - appeal allowed by way of remand. Issues: Misinterpretation of High Court directives leading to denial of cross-examination rightsAnalysis:The High Court passed an order directing the timely disposal of a show cause notice and cooperation from the parties involved. The order emphasized the importance of concluding proceedings promptly and taking consequential steps in accordance with the law. The Court clarified that it did not adjudicate on the various contentions raised in the writ petition, leaving all questions open for future consideration.The adjudicating authority, however, misinterpreted the High Court's directives by denying the appellant the opportunity for cross-examination. The authority justified its decision by citing the High Court's directives regarding the time frame for proceedings and the passing of a final order. The High Court, in its analysis, highlighted that denying the right to cross-examine a witness could lead to arbitrariness and injustice, which cannot be tolerated by any court.In response to the misinterpretation, the High Court framed two questions, answering the first in favor of the assessee and against the department. The Court emphasized that the appellant should be granted the right to cross-examination and remanded the matter back to the adjudicating authority for a proper opportunity of hearing, including the right to cross-examine witnesses. The Court set a timeline for the conclusion of the matter, urging expeditious resolution within three months from the date the order is presented to the adjudicating authority.The High Court instructed the appellant to provide a certified copy of the order to the adjudicating authority within ten days, with a clear directive against frivolous adjournments. The Court also directed the department's counsel to receive a copy of the order for communication and compliance within 48 hours. The appeal was disposed of with no costs, ensuring that both parties understood the importance of adhering to the directives for a fair and just hearing process.