Raja Abhishek For NIRC 2024
23 days ago
š”š²š šš²š¹šµš¶ šš¶š“šµ šš¼ššæš š„šš¹š¶š»š“ š¼š» šš²š¹š®šš²š± šš±š·šš±š¶š°š®šš¶š¼š» š¼š³ š¦šµš¼š šš®ššš² š”š¼šš¶š°š² š¢ š§šµš² šš¶š“šµ šš¼ššæš šµš²š¹š±: "Proceedings for adjudication of the show cause notice after a delay of 13 years are impermissible, and such proceedings must be concluded within a reasonable time."
š šš®š°šš: šš¼šŗš½š®š»š: Nanu Ram Goyal ššššš²: Whether proceedings for adjudication of the show cause notice could be continued after a delay of 13 years? šš°šš¶šš¶šš: The petitioner was issued a show cause notice in 2009 alleging service tax liability for "Construction of Complex Service" for the period from 2005 to 2008.
āļø ššš±š“š²šŗš²š»š: The Court ruled that a 13-year delay in adjudicating a show cause notice is unjustifiable, violating principles of reasonableness. Jurisdiction must be exercised within a reasonable time, even without a statutory limit. The respondents were barred from continuing the proceedings, and the petition was allowed.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: Nanu Ram Goyal vs. Commissioner of CGST and Central Excise, Delhi & Ors š¢šæš±š²šæ šš®šš²: 20 April 2023 š This ruling emphasizes that adjudication must occur within a reasonable timeframe, and excessive delays undermine the validity of proceedings.
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