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...
Non-upload of judicial orders prevented the appellant from being fairly bound to take fresh service steps, because the directions were not available to the Registry in time for compliance. Applying actus curiae neminem gravabit, the NCLAT held that a party cannot be prejudiced by delay attributable to the court process itself. The dismissal of the Section 7 petition for non-service was set aside, the petition was restored, and the matter was remanded to the Adjudicating Authority for disposal in accordance with law after hearing the parties.
Non-upload of judicial orders prevented the appellant from being fairly bound to take fresh service steps, because the directions were not available to the Registry in time for compliance. Applying actus curiae neminem gravabit, the NCLAT held that a party cannot be prejudiced by delay attributable to the court process itself. The dismissal of the Section 7 petition for non-service was set aside, the petition was restored, and the matter was remanded to the Adjudicating Authority for disposal in accordance with law after hearing the parties.
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