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Customs - Highlights / Catch Notes

Home Highlights August 2023 Year 2023 This

Lapsed SCN - Period of Limitation - The intention of the ...


High Court Rules Customs Show Cause Notices Before Finance Act 2014 Subject to Unamended Section 28(9), 12-Month Limit Exceeded.

August 19, 2023

Case Laws     Customs     HC

Lapsed SCN - Period of Limitation - The intention of the legislation, thus, is apparent that the show cause notices which were issued prior to the Finance Act coming into force the Finance Act, 2014 were required to be governed by unamended Act of Section 28(9) of the Customs Act. - the Department for almost a period of 17 months slept over the matter despite the specific mandate of even the unamended Section 28(9) of the Customs Act that the duty shall be levied within a period of 12 months from the date of issuance of the notice. - SCN has lapsed and cannot be adjudicated - HC

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