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Service Tax - Highlights / Catch Notes

Home Highlights March 2023 Year 2023 This

Principles of Natural justice - long delay of 13 years in ...


13-Year Delay in Service Tax Case Raises Questions; Appeal Possible Under Excise Act Section 35B, No Justice Breach Found.

March 21, 2023

Case Laws     Service Tax     HC

Principles of Natural justice - long delay of 13 years in adjudication of SCN - The grounds raised before the adjudicating authority as well as in this petition appear to be on merits. The issue of delay of 13 years in adjudicating the show cause notice can also be raised by the Petitioner in an appeal under section 35B of the Excise Act,1944 which provides for an appellate remedy against an order-in-original before the Tribunal. Neither there is any allegation nor the learned counsel has been able to demonstrate that there has been any breach of the principles of natural justice. - HC

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