The Appellate Tribunal set aside the impugned orders, allowing ...

Appellate Tribunal Overturns Orders Due to Non-Compliance with Statutory Time Limits, Citing Breach of Natural Justice.

December 6, 2024

Case Laws Central Excise AT

The Appellate Tribunal set aside the impugned orders, allowing the appeals with consequential relief, if any, to the appellant. The adjudication of the show cause notice was not completed within the statutory time limit of one year prescribed under sub-section (11) of Section 11A of the Central Excise Act. Despite stipulating that the matter would be adjudicated ex-parte if no cause was shown within thirty days, the Adjudicating Authority failed to adhere to this stipulation or provide reasons for the delay. The delayed adjudication violated the principles of natural justice, and the Adjudicating Authority could not endlessly wait, disregarding the statutory time limit. The order was set aside solely on the ground of non-adherence to the prescribed time limit for adjudication u/s 11A(11) of the Central Excise Act.

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The Appellate Tribunal set aside the impugned orders, allowing ...

Appellate Tribunal Overturns Orders Due to Non-Compliance with Statutory Time Limits, Citing Breach of Natural Justice.

December 6, 2024

Case Laws Central Excise AT

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