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    <title>2009 (12) TMI 788 - CESTAT NEW DELHI</title>
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    <description>Retention of seized but unrelied documents, where those records were relevant to the defence in allegations of undervaluation, clandestine removal and shortage of inputs, was treated as causing prejudice because it denied effective access to material needed for reply. The adjudication was therefore considered vitiated for breach of natural justice, with remand required after return of the documents and proper opportunity of defence. On penalty, Section 11AC of the Central Excise Act could not be applied to a duty period that ended before its commencement, so liability had to be considered under the law then in force and not under that later penal provision.</description>
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      <link>https://www.taxtmi.com/caselaws?id=153865</link>
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