2005 (7) TMI 429

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....e Appellant. Shri B.L. Goel, DR, for the Respondent. [Order per : P.S. Bajaj, Member (J)]. - These appeals have been directed by the appellants against the impugned order-in-original vide which duty along with penalty as detailed therein, has been confirmed against them on account of clandestine removal of the goods during the period in dispute. 2. The main ground on which at the ....

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....led to opportunity of hearing before passing of the final Adjudication order, even if it has not availed right of reply, to SCN. 3. On the other hand ld. DR has contended that the appellants had been prolonged in the proceedings and in spite of affording them sufficient opportunity they failed to file the reply to the SCN. He has also contended that all the documents were supplied to the a....

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..... There is no reference to the earlier receipt of the documents by the appellants, in this letter or in any other communication from the Deptt. to them. Therefore, prima facie it is very difficult to accept the contention of the DR, that all the documents were supplied to the appellants at the very start of the adjudication proceedings along with SCN. The contention of the ld. DR that the appellan....