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Central Excise - Highlights / Catch Notes

Home Highlights February 2022 Year 2022 This

Valuation - related party transaction - mutuality of interest - ...


Authority Exceeded Jurisdiction by Addressing Unalleged Issues in Related Party Case, Violating Natural Justice Principles.

February 3, 2022

Case Laws     Central Excise     AT

Valuation - related party transaction - mutuality of interest - once the adjudicating authority found that the mutuality of interest is not relevant to the instant case, the only conclusion ought to be dropping the SCNs. However, the adjudicating authority went beyond the scope of SCN and made observations which were never alleged in the SCN and have been proved to be incorrect by the Ld. Counsel for the appellant. Such approach of the adjudicating authority of travelling beyond the scope of SCN is legally untenable and held to be a violation of natural justice. - AT

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