CESTAT adjudicated a service tax recovery case involving ...

Electronic Service of Show Cause Notice Validated During Pandemic, Procedural Compliance Confirmed Under Article 141 Constitutional Principles

May 10, 2025

Case Laws     Service Tax     AT

CESTAT adjudicated a service tax recovery case involving procedural service of show cause notice (SCN) during COVID-19 pandemic. The tribunal determined that electronic service via email was valid, citing Supreme Court's guidance on alternative notice delivery methods. The court referenced Article 141 of the Constitution, affirming SC orders as binding precedent. Despite appellant's challenge regarding non-traditional SCN service, the tribunal found the electronic notice transmission legitimate, particularly given pandemic constraints. The appellant's substantive arguments were deemed without merit. Consequently, the appeal was summarily dismissed, upholding the original tax recovery, interest, and penalty assessment.

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