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Customs - Highlights / Catch Notes

Home Highlights July 2021 Year 2021 This

Validity of adjudication of SCN after a long gap, i.e. 12 years ...


High Court Criticizes 12-Year Delay in Customs Case Resolution; Officer Change Not a Valid Excuse u/s 28.

July 10, 2021

Case Laws     Customs     HC

Validity of adjudication of SCN after a long gap, i.e. 12 years - SCN has been issued on 14.05.2009 and is pending till date with finalization of proceedings as contemplate under Section 28 of the Customs Act, 1962 - The counter filed by the revenue does not reveal any circumstances, which would justify the elapse of time from 2009 till date, of more than twelve years to keep the proceedings pending. The normal defence offered is that the issue has been transferred to the call book. Even this defence has not raised in this case. The explanation offered, to the effect that there was a change in incumbent officer is hardly acceptable. - HC

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