Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
The dominant issue was whether the adjudication order passed pursuant to a show cause notice, where the notice-period was impacted by challenged extension notifications, should stand despite the petitioner not having filed any reply or attended hearing. The Court held that, since the validity of the extension notifications is pending consideration and the petitioner did not get a proper opportunity to present its case on merits, principles of natural justice warranted remand to enable a response and hearing before the adjudicating authority. The impugned order was set aside and the matter remanded for fresh adjudication. - HC
The dominant issue was whether the adjudication order passed pursuant to a show cause notice, where the notice-period was impacted by challenged extension notifications, should stand despite the petitioner not having filed any reply or attended hearing. The Court held that, since the validity of the extension notifications is pending consideration and the petitioner did not get a proper opportunity to present its case on merits, principles of natural justice warranted remand to enable a response and hearing before the adjudicating authority. The impugned order was set aside and the matter remanded for fresh adjudication. - HC
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