Time limit for passing an order

[BAL KRISHAN GARG]

Respected Rama Krishna Ji , Whether there is any time limit for passing of an order after receiving of reply against SCN fixed by law ? if yes then what and whether the same may be available for the assessee officially ? Further what are the implecations of observations communicated to his higher authority in writing by the concerned AC after making all proceedings ? In my case AC after making all the enquiries and investigations even from the other party also has writter a letter in nut shell as ' this is not a case of labour supply but this is a Job Work case ' and now he has issued SCN for Labour Supply . I am thinking now after your precious guidance that I should apply under RTI for getting copies of correspondence between AC and Depty Commissioner ( Audit ) and grounds of allegation provided by the Audit Team and Copies of replies from the Service Recepient during the proceeding in the case so I will be in a position the realities and can make a better reply .Whether the step will be beneficial for me as the same AC has observed on earlier occassion in my favour while at the moment he allegate us ? Thanks for your sincere advise always . BAL KRISHAN GARG

AI Summary

No Statutory Time Limit for Service Tax Orders Post-SCN; Internal Guidelines Exist, Legislative Amendments Suggested for Accountability. A user inquired about the time limit for passing an order after receiving a reply to a show cause notice (SCN) in a service tax case. They questioned whether such a time limit is legally fixed and the implications of an Assistant Commissioner's (AC) written observations to a higher authority. The user considered filing a Right to Information (RTI) request to obtain internal correspondence and evidence related to the case. The response clarified that there is no statutory time limit for adjudicating orders post-SCN, though internal guidelines exist. It suggested that legislative amendments could impose accountability on officers for timely resolutions.