Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Denial of cross-examination in adjudication proceedings alleging fraudulent exports and overvaluation to wrongfully claim duty drawback was held not to violate natural justice. Cross-examination is not an absolute right; the requesting party must show specific prejudice and explain why it is necessary for substantial justice. The request was found vague, unsupported by reasons, and indicative of delaying tactics, particularly where many co-noticees were non-existent or failed to appear and the officials acted in their official capacity. Given the allegation that the co-noticees were set up by the petitioner, lack of bona fides was inferred. The challenge failed and the impugned order was upheld. - HC
Denial of cross-examination in adjudication proceedings alleging fraudulent exports and overvaluation to wrongfully claim duty drawback was held not to violate natural justice. Cross-examination is not an absolute right; the requesting party must show specific prejudice and explain why it is necessary for substantial justice. The request was found vague, unsupported by reasons, and indicative of delaying tactics, particularly where many co-noticees were non-existent or failed to appear and the officials acted in their official capacity. Given the allegation that the co-noticees were set up by the petitioner, lack of bona fides was inferred. The challenge failed and the impugned order was upheld. - HC
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