Just a moment...

Top
Help
AI OCR

Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page

Try Now
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

DRI officers not proper officers under Section 28(4) to initiate recoveries; proceedings void; Mangali Impex overruled, appeal reinstated.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The HC, applying the Supreme Court's ruling in Canon-II, held that DRI officers (including the Additional Director General) are not the proper officers empowered under Section 28(4) to initiate recovery/issue show-cause notices; consequently the impugned recovery proceedings were without jurisdiction. The HC overruled the effect of Mangali Impex as no longer good law, allowed the appellant's challenge, set aside the jurisdictional initiation, and restored the appeal before CESTAT to its original position for adjudication. The appeal is allowed and the contested proceedings are quashed to the extent founded on exercise of Section 28(4) powers by DRI officers.....