TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
of 121
Press 'Enter' after typing page number.
of 121Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of 121Press 'Enter' after typing page number.
of 121Press 'Enter' after typing page number.
All TMI Notes
of 121Press 'Enter' after typing page number.
All TMI Notes
Join Channel
Note
Bookmark
Share
Deciphering Legal Judgments: A Comprehensive Analysis of the Judgement on Quashing of Show Cause Notice Due to Inordinate Delay
Reported as:
2024 (10) TMI 1412 - BOMBAY HIGH COURT
The case involved a show cause notice issued by the Customs authorities on May 16, 2008, alleging clandestine clearance of import assignments without payment of appropriate duty. The petitioner filed responses to the notice in October and December 2008. However, despite several hearings scheduled between December 2008 and February 2021, no effective hearing took place, and the show cause notice remained pending adjudication for over 15 years.
The petitioner, relying on several decisions of the High Court, sought the quashing of the show cause notice and restraint on further proceedings based on it, citing the inordinate and unexplained delay.
The respondents filed an affidavit stating that on March 17, 2021, the show cause notice was transferred to the call book pursuant to certain instructions. However, no explanation was provided for the non-disposal of the proceedings from 2008 to 2021.
The respondents relied on the Supreme Court's order in COMMISSIONER, GST AND CENTRAL EXCISE COMMISSIONERATE II, & ORS. VERSUS M/S SWATI MENTHOL AND ALLIED CHEMICALS LTD & ANR. - 2023 (7) TMI 662 - SC ORDER, arguing that the inordinate delay should be excused.
The court found the delay between 2008 and 2021 to be inordinate and unexplained. The respondents' affidavit did not provide any reasonable explanation for the delay in adjudication.
The court relied on several Division Bench decisions of the Bombay High Court, which held that when faced with such inordinate and unexplained delay, the show cause notice must be quashed and cannot be allowed to proceed.
The court analyzed the Supreme Court's order in M/S Swati Menthol And Allied Chemicals Ltd & Anr. and found that it did not establish a proposition that gross, unjustifiable, and inordinate delay in adjudication of the show cause notice must be excused in every case, regardless of the absence of any reasonable explanation.
The court observed that the transfer of the matter to the call book was delayed, and no intimation was given to the petitioner, thereby breaching the provisions of Section 28(9) of the Customs Act.
The court held that prejudice to the petitioner is inherent in such cases, as contesting a show cause notice issued in 2008 at this point would undoubtedly prejudice the petitioner's establishment's economics.
Considering the inordinate and unexplained delay, the court quashed and set aside the impugned show cause notice dated May 16, 2008, and restrained the respondents from proceeding further based on it.
The judgment primarily dealt with the principle of quashing show cause notices due to inordinate and unexplained delay in adjudication, as established by various precedents of the High Court and the Supreme Court.
The High Court, in this judgment, quashed a show cause notice issued by the Customs authorities due to inordinate and unexplained delay in adjudication spanning over 15 years. The court relied on various precedents and found that the respondents failed to provide a reasonable explanation for the delay. The court also observed that the transfer of the matter to the call book was delayed, and the petitioner was not intimated, thereby breaching the provisions of the Customs Act. The court held that prejudice to the petitioner is inherent in such cases and quashed the show cause notice, restraining the respondents from proceeding further based on it.
Full Text:
TaxTMI 