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    <title>2015 (3) TMI 864 - KARNATAKA HIGH COURT</title>
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    <description>The statutory framework under Section 146A of the Customs Act, 1962 and Section 35Q of the Central Excise Act, 1944 was read as permitting appearance through authorised representatives, including legal practitioners and other qualified persons. On that basis, Rules 9 and 12 were treated as a valid delegation because they merely identified additional eligible categories and did not conflict with the parent enactments. The bias challenge also failed: the Court held that the appointment of retired departmental officers as special counsels or representatives, without more, showed only a suspicion of bias and not a real danger of bias. In the absence of any demonstrated constitutional or statutory violation, no further guidelines were directed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=257930</link>
      <description>The statutory framework under Section 146A of the Customs Act, 1962 and Section 35Q of the Central Excise Act, 1944 was read as permitting appearance through authorised representatives, including legal practitioners and other qualified persons. On that basis, Rules 9 and 12 were treated as a valid delegation because they merely identified additional eligible categories and did not conflict with the parent enactments. The bias challenge also failed: the Court held that the appointment of retired departmental officers as special counsels or representatives, without more, showed only a suspicion of bias and not a real danger of bias. In the absence of any demonstrated constitutional or statutory violation, no further guidelines were directed.</description>
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