ORDER
G.N. Srinivasan, Member(J)
1. These two applications have been filed for waiver of pre-deposit of duty of Rs.5,43,120+Rs.98,395/-+Rs.18,86,262/- and also penalty of Rs.22 lakhs imposed on M/s. Abhishek Steel Pvt.Ltd. and penalty of Rs. 5 lakhs imposed on the other applicant Shri Rakesh S. Sharma.
2. In the appeals, one of the grounds taken is that the Adjudicating Authority had not supplied copies of documents relied upon by the Adjudicating Authority and referred to in the show cause notice. The same has been reflected in the letter dated 4.2.98 written by the appellants M/s. Abhishek Steel Pvt. Ltd. This matter has come up before us several times. The assessees have not appeared. We direct the concerned Adjudicating Authority to file a report to us as to whether they have in fact given the copies of the documents relied upon by the department in the show cause notice at the time of next date of hearing. In case of the failure of the Adjudicating Authority to file a proper report evidencing supply of the documents as requested for the appellants, the Tribunal will pass an order which may be prejudicial to the Department’s interest. Copy of this order be given to both sides.
3. The matter is adjourned to June, 2001.
(Dictated in Court)