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Central Excise - Highlights / Catch Notes

Home Highlights September 2022 Year 2022 This

Adjudication of SCN within a time limitation - Adjudication ...

Central Excise

September 8, 2022

Adjudication of SCN within a time limitation - Adjudication proceedings, delayed for more than a decade (for no fault of answering party and without putting answering party on notice for the reason of delay), defeats the very purpose of issuing show cause notice/s and such delayed adjudication is bad in law - HC

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  2. Inordinate delay in adjudication of SCN - delay of eleven years from issuance of SCN - the petitioner cannot be blamed for non adjudication of the SCN as he had never...

  3. Recovery of refund granted erroneously - It is settled legal position that inordinate delay in adjudication results into denial of principles of natural justice. In the...

  4. Validity of delayed adjudication of SCN - Inordinate delay of 13 years in adjudication of SCN - We fail to understand when the respondents could wait for 13 long years...

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  6. Adjudication of SCN after 18 years - transfer of the case to the "call book" - Clandestine removal - In the present case nothing is indicated in the initial SCN issued...

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  10. The failure by the Petitioner to appear in those proceedings cannot be an excuse to delay the adjudication order.

 

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