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    <title>2018 (1) TMI 45 - CESTAT AHMEDABAD</title>
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    <description>Where a demand is based directly on witness statements alleging that multiple units functioned as one and supporting denial of SSI exemption and clubbing of clearances, fair adjudication requires supply of those relied-upon statements and an opportunity for cross-examination. The record did not establish that the statements were unavailable, and their possible existence in other investigation files could not be excluded. Accordingly, the appellants were entitled to receive the statements and test their veracity before adjudication; if the statements were genuinely unavailable or the witnesses could not be produced, the authority could proceed only on legally available material.</description>
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    <pubDate>Thu, 28 Dec 2017 00:00:00 +0530</pubDate>
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      <title>2018 (1) TMI 45 - CESTAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=353309</link>
      <description>Where a demand is based directly on witness statements alleging that multiple units functioned as one and supporting denial of SSI exemption and clubbing of clearances, fair adjudication requires supply of those relied-upon statements and an opportunity for cross-examination. The record did not establish that the statements were unavailable, and their possible existence in other investigation files could not be excluded. Accordingly, the appellants were entitled to receive the statements and test their veracity before adjudication; if the statements were genuinely unavailable or the witnesses could not be produced, the authority could proceed only on legally available material.</description>
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      <pubDate>Thu, 28 Dec 2017 00:00:00 +0530</pubDate>
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