Supreme Court of India · 2006-10-31
COMMNR.CENTRAL EXCISE&CUSTOMS,MUMBAI&ORS vs M/S. I.T.C. LTD..
- Citation / case number
- SC 2004/25690
- Court
- Supreme Court of India
- Petitioner
- COMMNR.CENTRAL EXCISE&CUSTOMS,MUMBAI&ORS
- Respondent
- M/S. I.T.C. LTD..
- Author
- DALVEER BHANDARI S.B. SINHA
- Bench
- DALVEER BHANDARI S.B. SINHA
Judgment text excerpt
The Supreme Court held that the completion of assessment proceedings is not a prerequisite for issuing a notice under Section 11-A of the Central Excise Act, 1944. The Court clarified that show cause notices issued prior to the finalization of provisional assessments are valid and can be utilized as independent material for final assessments. The holding affirmed the adjudicating authority's discretion to finalize assessments based on available materials, ensuring due process is followed for the noticees.