Harsh Packaging And Anr vs. Principal Commissioner Of Customs (Import) And Anr

W.P.(C)/3865/2024HC DelhiGSTCNR DLHC01013423202410 December 2024Bench: CASES PERTAINING TO SPL.DIVISION BENCHES177 pages
For Petitioner: Mr. Prem Ranjan Kumar, and Ms. Poojan Malhotra, AdvocatesFor Respondent: Mr. Harpreet Singh, Sr. St. Counsel with Ms. Suhani and Mr. Jatin Kumar Gaur, Adv
AI SummaryPartly Allowed

Held

The Court held that the transfer of SCNs to the call book and their subsequent revival must be in accordance with specific Board instructions. The Court examined the validity of these transfers and the consequent impact on the adjudication proceedings.

Facts

The petitioners challenged Show Cause Notices (SCNs) issued under GST and Customs law. A key issue was whether these SCNs were wrongly transferred to a 'call book' and subsequently revived, impacting the limitation period for adjudication.

Key Issues

The primary issue was the legality and procedural propriety of transferring Show Cause Notices to the 'call book' and their subsequent revival, and whether this prejudiced the petitioners' right to a timely adjudication.

Sections Cited

Section 97

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Heard together (3 matters)

W.P.(C) 4831/2021
W.P.(C) 4832/2021
W.P.(C) 15202/2023

Read from the judgment's own cause title. This page is filed under one of them.

W.P.(C) 4831/2021 & connected matters * IN THE HIGH COURT OF DELHI AT NEW DELHI %

Judgment reserved on: 13 August 2024 Judgment pronounced on: 10 December 2024

+ W.P.(C) 4831/2021

M/S VOS TECHNOLOGIES INDIA PVT. LTD. .....Petitioner

Through: Mr. Prem Ranjan Kumar, and

Ms. Poojan Malhotra,

Advocates.

versus

THE PRINCIPAL ADDITIONAL DIRECTOR GENERAL & ANR.

.....Respondents

Through: Mr. Harpreet Singh, Sr. St.

Counsel with Ms. Suhani and

Mr. Jatin Kumar Gaur, Adv.

+ W.P.(C) 4832/2021

M/S AMYRA TECHNICA PVT.LTD. .....Petitioner Through: Mr. Prem Ranjan Kumar, and Ms. Poojan Malhotra, Advocates.

versus

THE PRINCIPAL ADDITIONAL DIRECTOR GENERAL & ANR.

.... Respondents.

Through: Mr. Harpreet Singh, Sr. St. Counsel with Ms. Suhani and Mr. Jatin Kumar Gaur, Adv.

+ W.P.(C) 15202/2023 & CM APPL. 60768/2023 (Stay)

M/S R ANIL KUMAR & ANR.

.....Petitioner Through: Mr. Sunil Dalal, Sr. Adv. with Ms. Shikha Sapra, Mr. Piyush Kumar, Ms.

The judgment continues below.

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