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    <title>Appellant&#039;s Right to Cross-Examine Restored in Electricity Consumption Dispute; Case Remanded for Fair Hearing.</title>
    <link>https://www.taxtmi.com/highlights?id=80184</link>
    <description>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&#039;s formula. However, in this case, the Revenue calculated actual average consumption without using the formula. The appellant&#039;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&#039;s ruling allowing such cross-examination. The matter was remanded to the Adjudicating Authority to provide the appellant an opportunity for cross-examination.</description>
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    <pubDate>Wed, 07 Aug 2024 06:42:10 +0530</pubDate>
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      <title>Appellant&#039;s Right to Cross-Examine Restored in Electricity Consumption Dispute; Case Remanded for Fair Hearing.</title>
      <link>https://www.taxtmi.com/highlights?id=80184</link>
      <description>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&#039;s formula. However, in this case, the Revenue calculated actual average consumption without using the formula. The appellant&#039;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&#039;s ruling allowing such cross-examination. The matter was remanded to the Adjudicating Authority to provide the appellant an opportunity for cross-examination.</description>
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      <pubDate>Wed, 07 Aug 2024 06:42:10 +0530</pubDate>
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