Thermo Control And Instruments & Ors. vs. Principal Commissioner Of Customs & Ors.
Held
The Court held that the practice of transferring SCNs to the call book and then taking them out without proper justification or adherence to prescribed procedures is not permissible. The revival of SCNs must be in accordance with Board's instructions and statutory provisions.
Facts
The judgment deals with multiple writ petitions challenging Show Cause Notices (SCNs) issued under GST and Customs law. The core issue revolves around the transfer of SCNs to a 'call book' and their subsequent revival, impacting the adjudication process and the limitation period.
Key Issues
Whether the transfer of Show Cause Notices to the 'call book' and their subsequent revival by the authorities was in accordance with law and whether it impacted the limitation period for adjudication.
Sections Cited
Section 97
AI-generated summary — verify with the full judgment below
Heard together (3 matters)
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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