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Pre-notice consultation: inform affected person, permit written submissions and hearing before issuing a show cause notice under the Act. Pre-notice consultation requires written communication of the intention to issue a show cause notice and the grounds, allows the person chargeable with duty or interest to submit written representations and request an oral hearing, permits the proper officer to hear the person within a short period with no adjournments, allows proceeding where no response is received, mandates intimation where the officer decides not to proceed, and contemplates completion of the consultation within a fixed period; prior consultation on the same issue can obviate repeat consultation for subsequent periods.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Pre-notice consultation: inform affected person, permit written submissions and hearing before issuing a show cause notice under the Act.
Pre-notice consultation requires written communication of the intention to issue a show cause notice and the grounds, allows the person chargeable with duty or interest to submit written representations and request an oral hearing, permits the proper officer to hear the person within a short period with no adjournments, allows proceeding where no response is received, mandates intimation where the officer decides not to proceed, and contemplates completion of the consultation within a fixed period; prior consultation on the same issue can obviate repeat consultation for subsequent periods.
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