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Issue ID: 1567
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Time limit for passing an order

Date 27 Oct 2009
Replies1 Reply
Views 1315 Views
No statutory time limit for adjudication after a show cause notice; RTI can obtain internal communications to aid response.
There is no statutory time limit for concluding adjudication after issuance of a show cause notice and receipt of reply; internal administrative guidelines exist but do not create binding deadlines due to the quasi judicial character of adjudication. An assessee may file a Right to Information application to obtain internal communications, audit grounds and service recipient replies to ascertain the basis of allegations and prepare a response; suggestions that law be amended to impose officer accountability and fixed disposal timelines remain policy recommendations. (AI Summary)

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

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