2006 (2) TMI 180 - HC - Central Excise

Judicial Review of Show Cause Notices and Due Process in Tax Matters

The Court questioned the lack of due process in the issuance of Show Cause Notices by Central Excise authorities. It directed the petitioners to approach ... Order - Recalling of order - Jurisdiction Issues:Challenge to Show Cause Notices issued by Central Excise Commissioners and Assistant Commissioners.Analysis:The petition challenged Show Cause Notices issued by various Central Excise authorities. The Court directed the petitioners' advocate to approach the Commissioner of Central Excise due to concerns about a fair hearing. The Commissioner's order was presented without hearing the petitioners, prompting the Court to question the lack of due process. The Commissioner's communication stated an inability to recall the order, which the Court deemed incorrect. The Court emphasized the authority's power to recall orders made in violation of natural justice principles for a proper hearing. The petitioners were advised to challenge the order if needed, with a provision for adjudication of remaining Show Cause Notices by respective authorities. The Court instructed that no orders be served or demands raised until the appeal process was completed. Subsequently, the petition was withdrawn with permission, and the case was disposed of with notice discharged.