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    <title>2025 (8) TMI 106 - CALCUTTA HIGH COURT</title>
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    <description>Refusal to permit cross-examination of co-noticees did not vitiate the adjudication where the request was made belatedly, no necessity was shown, and multiple personal hearings were ignored; the natural justice challenge therefore failed. Penalty under Section 112(a) of the Customs Act could not be sustained, however, because the adjudicating authority did not record a clear finding that the noticee knowingly participated in or abetted the misdeclaration of goods; mere references to abetment or instrumental role were insufficient. The penalty order was set aside and the matter remitted for fresh adjudication on the existing record.</description>
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      <description>Refusal to permit cross-examination of co-noticees did not vitiate the adjudication where the request was made belatedly, no necessity was shown, and multiple personal hearings were ignored; the natural justice challenge therefore failed. Penalty under Section 112(a) of the Customs Act could not be sustained, however, because the adjudicating authority did not record a clear finding that the noticee knowingly participated in or abetted the misdeclaration of goods; mere references to abetment or instrumental role were insufficient. The penalty order was set aside and the matter remitted for fresh adjudication on the existing record.</description>
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