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Inclusion of Show Cause Notices issued in relation to sub-section (11) of Section 28 of the Customs Act 1962 on the competency of officers of DGDRI DGCEI and Customs (Prev.) in the Call Book

Inclusion of Show Cause Notices issued in relation to sub-section (11) of Section 28 of the Customs Act, 1962 on the competency of officers of DGDRI, DGCEI and Customs (Prev.), in the Call Book - Central Excise - F.No.276/104/2016-CX.8A (Pt.) - Dated:- 29-6-2016 - F.No.276/104/2016-CX.8A (Pt.) Ministry of Finance Department of Revenue Central Board of Excise & Customs (Legal Cell) 'C' Wing, 5th Floor, HUDCO-VISHALA Building Bhikaji Cama Place, R.K. Puram, New Delhi-66: dated the 29th .....

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Ltd. in WP No. 441/2013 and others held that sub-section (11) of Section 28 of the Customs Act, 1962 cannot validate SCNs or proceedings pursuant thereto in relation to non-levy, short-levy or erroneous refund for the period prior to 8th April 2011, if such SCNs have been issued or proceedings conducted by officers of the Customs, DGDRI or DGCEI or as in the present case by the SIIB, who are not 'proper officers' within the meaning of subsection (34) of Section 2 of the Act. 2. In this .....

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