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    <title>1994 (2) TMI 62 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=43753</link>
    <description>Where the revenue seeks to recover enhanced central excise duty on the footing that an earlier assessment was provisional, the assessee must first be told the grounds for the proposed increase and given an opportunity to respond. The Court treated this as the minimum requirement of natural justice under Rule 9B(5) of the Central Excise Rules and applied it whenever enhanced liability was to be fastened. Prior validity of the earlier assessment was not in issue; the decisive point was that additional duty could not be made payable without prior notice and hearing. The High Court&#039;s direction was upheld.</description>
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    <pubDate>Thu, 17 Feb 1994 00:00:00 +0530</pubDate>
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      <title>1994 (2) TMI 62 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=43753</link>
      <description>Where the revenue seeks to recover enhanced central excise duty on the footing that an earlier assessment was provisional, the assessee must first be told the grounds for the proposed increase and given an opportunity to respond. The Court treated this as the minimum requirement of natural justice under Rule 9B(5) of the Central Excise Rules and applied it whenever enhanced liability was to be fastened. Prior validity of the earlier assessment was not in issue; the decisive point was that additional duty could not be made payable without prior notice and hearing. The High Court&#039;s direction was upheld.</description>
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      <law>Central Excise</law>
      <pubDate>Thu, 17 Feb 1994 00:00:00 +0530</pubDate>
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