Natural justice - when there is no adjudication order passed by ...

Appeals Premature Without Final Adjudication Order from Competent Authority; Interim Orders Not Appealable.

June 26, 2017

Case Laws Central Excise AT

Natural justice - when there is no adjudication order passed by the competent authority under the Statute there cannot be any appeal against interim order/communication passed during those proceedings - appeal is dismissed as pre-mature and non-maintainable

View Source

← Previous Next →

Natural justice - when there is no adjudication order passed by ...

Appeals Premature Without Final Adjudication Order from Competent Authority; Interim Orders Not Appealable.

June 26, 2017

Case Laws Central Excise AT

You may also like:

Gross violation of CBEC instructions and the precedential value of CESTAT decisions. The Revenue filed an appeal before the first Appellate Authority without specifying...

Validity and scope of Interim order while passing Final Order - The scope of Interim Order is very limited. It is temporary and effective only during the pendency of...

The adjudicating authority can proceed with adjudication u/s 16(1) of FEMA during the pendency of an appeal against an order passed u/s 37A(1). Section 37A deals with...

HC dismissed petitioner's writ challenging assessment order u/s 147 r/w 144B, holding petitioner failed to make out case for interference. Petitioner filed appeal before...

Respondents made a concession before the Regulatory Authority to accept interest only on amounts paid after RERA implementation. However, before the Appellate Authority,...

Validity of SCN - Jurisdictional error - reply to SCN not provided - It is always open to the petitioner to convince the Authority as to the invalidity of the show cause...

The High Court held that the final assessment order passed by the authority exceeded the scope of the show cause notice by determining a higher tax liability than...

Refund of service tax - The order of the First Appellate Authority dated 22.10.2012 has become final since the appeal filed against this order was withdrawn by the...

Interim suspension of the operation of Customs Broker's License - As the respondents could able to establish factually that the offence report was communicated to the...

Validity of assessment order passed u/s 144C - The ITAT held that the order issued by the AO was a final assessment order disguised as a draft, violating section 144C of...

Automatic Vacation of the interim order / Stay Order after six months - judicial legislation or not - The Supreme Court held that interim orders cannot automatically...

Tribunal held Adjudicating Authority's order cryptic, failing to examine appellants' defense regarding legitimate procurement and supply of gold as business transaction....

The CESTAT New Delhi, an Appellate Tribunal, considered a request for restoration of an appeal dismissed for want of prosecution. The appellant had submitted an...

Validity of final order of confiscation - ex-parte order - this writ application is not entertained on the short ground that the writ applicant has a statutory remedy of...

Validity of order of passed by the Revisional authority - The respondent authorities acting as quasi judiciary authority by invoking the power under statute are expected...

Quick Updates: