Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
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Writ petitions challenging customs adjudication were held not maintainable because an efficacious statutory appeal under the Customs Act was available and no exceptional jurisdictional infirmity was shown. The Court held that non-communication of an extension of time under Section 28(9), by itself, does not invalidate the extension, since intimation is desirable but not a mandatory for validity. Objections that the corrigendum materially supplemented the show cause notice and that Section 28BB was breached were treated as issues suitable for consideration by the appellate authority. The petitioners were relegated to the statutory appeal, with the period spent in writ proceedings directed to be excluded for limitation purposes.
Writ petitions challenging customs adjudication were held not maintainable because an efficacious statutory appeal under the Customs Act was available and no exceptional jurisdictional infirmity was shown. The Court held that non-communication of an extension of time under Section 28(9), by itself, does not invalidate the extension, since intimation is desirable but not a mandatory for validity. Objections that the corrigendum materially supplemented the show cause notice and that Section 28BB was breached were treated as issues suitable for consideration by the appellate authority. The petitioners were relegated to the statutory appeal, with the period spent in writ proceedings directed to be excluded for limitation purposes.
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