SC: For Granting Environmental Clearance, Valid DSR a Mandatory Prerequisite  ||  NCLAT: Under IBC there is No Provision Mandating RP to Share Valuation Report  ||  NCLAT: NCLT/NCLAT Cannot Adjudicate Employment Contract Disputes Under IBC  ||  NCLAT: Can’t Reject App. for Approval of RP Solely on Basis of Withdrawal of Consent by CoC Members  ||  J&K HC: S. 37 of NDPS Act Comes Into Play When Bail of Accused is Being Considered on Merits  ||  Delhi HC: In National Capital, Permission for Felling of More Trees to be Supervised by CEC  ||  Registrar General of P&H HC Warns of Contempt in Case of Recording of Court Proceedings  ||  SC: States to Identify Laws Discriminating Against Persons Affected with Leprosy  ||  SC: Recommendations Made by SC Collegium for Judge Appointments to be Cleared Expeditiously  ||  SC: Where Serviceman Discharged from duty by Authority Onus of Proving Disability Lies on Authority    

Panacea Biotec Ltd vs. Commissioner of Central Goods and Service Tax - (Customs, Excise and Service Tax Appellate Tribunal) (06 Dec 2023)

No demand of duty amount can be confirmed without issuing show cause notice and following the procedure prescribed under Section 11A of the Central Excise Act

MANU/CJ/0137/2023

Excise

The present appeal is directed against the impugned order passed by the Commissioner (Appeals) deciding two appeals of the Appellant whereby the Commissioner (Appeals) has allowed the appeal against the demand of interest and imposition of penalty upon the appellant but upheld the Assistant Commissioner order rejecting the refund claim of Rs. 19,55,010.

It is a settled law that, no demand of duty amount can be confirmed without issuing show cause notice and following the procedure prescribed under Section 11A of the Central Excise Act, 1942. The main issue involved in this case is demand of differential duty of Rs. 19,55,010 for the period March, 2012 to May, 2013 without issuing show cause notice and without affording an opportunity of hearing to the appellant which is in violation of the statutory provision and the principles of natural justice. The Hon'ble Supreme Court has consistently held in various decisions held that show cause notice is a condition to demand any tax.

In the present case also, no show cause notice as required in law was issued to the Appellant and no opportunity of hearing as required under law was accorded. The rejection of refund claim of Rs. 19,55,010 deposited by the appellant under protest is liable to be refunded to the appellant as prescribed by the law. Accordingly, the Revenue is directed to refund the said amount along with interest as prescribed by law. Appeal allowed.

Tags : REFUND CLAIM   REJECTION   LEGALITY  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved