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Central Excise - Highlights / Catch Notes

Home Highlights June 2023 Year 2023 This

Validity of order beyond the scope of show cause notice (SCN) - ...

Central Excise

June 8, 2023

Validity of order beyond the scope of show cause notice (SCN) - it is found that the Adjudicating Authority has gone beyond the scope of the Show Cause Notice. In case the learned Commissioner was to reject the claim totally, he should have put the appellants to proper notice in terms of principles of natural justice. As the proposal and final order are contrary to each other, in the instance case, the principles of natural justice have been grossly violated. - AT

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