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Central Excise - Highlights / Catch Notes

Home Highlights December 2021 Year 2021 This

Legality and validity of the show cause notices (SCN) - The ...


Show Cause Notices Invalid for Revisiting Resolved Issue; Must Adhere to Final Orders Unchallenged by Department.

December 6, 2021

Case Laws     Central Excise     HC

Legality and validity of the show cause notices (SCN) - The impugned show cause notice once again of raising the very issue when the order of Commissioner (Appeals) has attained finality without any challenge by the department, which deserves indulgence. It is a judicial discipline which demands following the mandate of superior authority, even when it is a quasi judicial body as such discipline is an intigral part of this well laid down principle and deserves scrupulous observance by all concerned. No one is permitted to obliterate this well defined boundaries, even in a zeal to earn more revenue or profit the interest of the State as done by the respondent No.2. - HC

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