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    <title>2006 (8) TMI 384 - CESTAT,  NEW DELHI</title>
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    <description>An adjudication is unsustainable where the noticee is denied access to seized material needed for defence and is not given cross-examination of witnesses whose statements are relied upon. The proceedings were found to suffer from manifest unfairness because unrelied upon documents were retained, relied upon documents were not properly supplied, and the defence opportunity was thereby impaired. The matter was remanded for fresh decision after returning the unrelied upon documents, supplying copies of relied upon documents, and allowing cross-examination. The order was set aside for breach of natural justice and fair play.</description>
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      <title>2006 (8) TMI 384 - CESTAT,  NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=119286</link>
      <description>An adjudication is unsustainable where the noticee is denied access to seized material needed for defence and is not given cross-examination of witnesses whose statements are relied upon. The proceedings were found to suffer from manifest unfairness because unrelied upon documents were retained, relied upon documents were not properly supplied, and the defence opportunity was thereby impaired. The matter was remanded for fresh decision after returning the unrelied upon documents, supplying copies of relied upon documents, and allowing cross-examination. The order was set aside for breach of natural justice and fair play.</description>
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