Case Law Details
The Bombay Dyeing and Manufacturing Company Limited Vs Deputy Commissioner of CGST (Bombay High Court)
The Petitioner has filed reply to the Show Cause Notice (SCN)within four weeks from the date of receipt of the said notice and did not get any further communication from the Respondent for hearing or any adjudication upon the said Show Cause Notice from the Respondent till today. The Petitioner has thus filed this Petition.
Petitioner submits that the Department cannot be allowed to proceed with the Show Cause Notice after more than 16 years.
Perusal of the records indicates that the Show Cause Notice was issued on 16 September 2005. A reply was filed by the Respondent. It is not in dispute that no notice of hearing on the said Show Cause Notice was issued to the Petitioner at any point of time. The Petitioner was not informed that the said Show Cause Notice was kept in call book as alleged in the affidavit-in-reply. There is no delay attributable on the part of the Petitioner in the affidavit-in-reply filed by the Respondent.
when a show-cause notice is issued to a party, it is expected that the same would be taken to its logical consequences within a reasonable period so that a finality is reached. In this case, the show-cause notice has not been adjudicated upon for about 16 years.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
