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    <title>2002 (4) TMI 66 - SC Order</title>
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    <description>A party&#039;s request to cross-examine the representatives of two concerns was material where the defence depended on showing that the goods were entered in their books and central excise duty had been paid. The record indicated that this request was specifically raised in response to the show cause notice, but it was not effectively considered. As the opportunity to test the alleged lacunae was necessary for a fair defence, the matter required reconsideration by the assessing authority. The impugned orders were therefore set aside and the dispute was restored for fresh adjudication.</description>
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      <link>https://www.taxtmi.com/caselaws?id=46233</link>
      <description>A party&#039;s request to cross-examine the representatives of two concerns was material where the defence depended on showing that the goods were entered in their books and central excise duty had been paid. The record indicated that this request was specifically raised in response to the show cause notice, but it was not effectively considered. As the opportunity to test the alleged lacunae was necessary for a fair defence, the matter required reconsideration by the assessing authority. The impugned orders were therefore set aside and the dispute was restored for fresh adjudication.</description>
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