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Central Excise - Highlights / Catch Notes

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Rejection of declaration by the petitioner on SVLDRS-1 - scope ...


High Court Criticizes Committee for Rejecting Declaration Under SVLDRS-1 Without Following Section 133 Obligations.

September 11, 2021

Case Laws     Central Excise     HC

Rejection of declaration by the petitioner on SVLDRS-1 - scope of the term 'quantified' - The reasoning given by the Designated Committee in the impugned order runs contrary to law. The Designated Committee was obligated to deal with the declaration filed by the petitioner, on merits. No discretion was vested in the Designated Committee to take a different view. Even though the Circular has not been referred to or dealt by the Designated Committee, by virtue of the clear language of Section 133 of the Scheme, it was further obligated to necessarily act in accordance with that law. - HC

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