Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
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Clandestine removal demand based on electrical consumption was challenged. Average electricity consumption for certain periods was calculated. Cross-examination of officials whose statements were relied upon was denied, violating natural justice principles. The Tribunal consistently rejected electricity consumption-based quantification using Dr. Batra's formula. However, in this case, the Revenue calculated actual average consumption without using the formula. The appellant's argument regarding applicability of case law was rejected. The appellant was denied the opportunity to cross-examine persons whose statements were relied upon, contrary to the High Court's ruling allowing such cross-examination. The matter was remanded to the Adjudicating Authority to provide the appellant an opportunity for cross-examination.
Clandestine removal demand based on electrical consumption was challenged. Average electricity consumption for certain periods was calculated. Cross-examination of officials whose statements were relied upon was denied, violating natural justice principles. The Tribunal consistently rejected electricity consumption-based quantification using Dr. Batra's formula. However, in this case, the Revenue calculated actual average consumption without using the formula. The appellant's argument regarding applicability of case law was rejected. The appellant was denied the opportunity to cross-examine persons whose statements were relied upon, contrary to the High Court's ruling allowing such cross-examination. The matter was remanded to the Adjudicating Authority to provide the appellant an opportunity for cross-examination.
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