MP High Court: Railways Liable for Deaths on Tracks if it Fails to Take Preventive Measures  ||  Ker HC: NDPS Case Stands Even if Contraband Listed in Ml, if Chemical Report Shows Equivalent Weight  ||  Kerala HC: Father’s Retirement Benefits Can Be Attached for Child Maintenance Despite S.60(1)(g) CPC  ||  Supreme Court: A Decree Declared 'Nullity' Can be Challenged at Any Stage, Including Execution  ||  SC Explains How 'Intention' & 'Knowledge' Decide if S.304 IPC Offence is Culpable Homicide Not Murder  ||  NCLAT New Delhi: Public Auction Not Required for Sale of Encumbered Assets if Charge Holders Consent  ||  SC: Rejection of Plaint is Appealable, but no Appeal Lies Against Order Refusing to Reject Plaint  ||  SC Mulls Guidelines After Accused in Lawyers’ Robes Commits Murder in Court Premises  ||  Supreme Court: Subsequent Purchaser Without Due Verification Bound by Previous Sale Agreement  ||  SC: Service Tax Not Applicable on Transfer of Title in Immovable Property    

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