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Adjudication order not valid if no valid service of show cause notice

Case Law Details

Case Name
Baldeep Singh Vs Commissioner of Customs (CESTAT Delhi)
Date of Judgement/Order
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Baldeep Singh Vs Commissioner of Customs (CESTAT Delhi) In the present case inspite of opportunity given, Revenue failed to produce the proof of delivery of the show cause notice. Further, from perusal of the order-in-original, I find that the Adjudicating Authority have not recorded satisfaction of service of show cause notice and have proceeded to pass the ex-parte order-in-original, which is held to be a nullity in the eyes of law. Substituted service by way of affixation on the notice board of the Department is by way of last resort. In the facts of the present case, I find that without id...
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