2016 (9) TMI 984

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....r Advocate appearing for the petitioner has relied upon a decision of the Supreme Court reported in (2008) 300 ITR 403 (SC) [Sahara India (firm) vs. Commissioner of Income-Tax & Another] and submitted that, since under Section 14AA of the said Act entails civil consequences, the authorities are obliged to grant an opportunity of hearing to the petitioner. In the present case, the petitioner was not afforded any opportunity of hearing. Moreover, the impugned order is unreasoned. The impugned order does not specify any ground as to the formation of the opinion of the Commissioner that the petitioner has availed of duty credit or utilised cenvat credit beyond the normal limits. Learned Senior Advocate on behalf of the department has submitt....

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....may be specified. (3) The provisions of sub-section (1) shall have effect notwithstanding that the accounts of the said manufacturer aforesaid have been audited under any other law for the time being in force or otherwise. [***] (5) The manufacturer shall be given an opportunity of being heard in respect of any material gathered on the basis of the audit under sub-section (1) and proposed to be utilised in any proceeding under this Act or rules made thereunder. 5 [Explanation 1]. - For the purpose of this section, "cost accountant" shall have the meaning assigned to it in clause (b) of sub-section (1) of section 2 of the cost and Works Accountants Act, 1959 (23 of 1959).] 6 [Explanation 2. - For ....