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october 2006

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.

COMMNR.CENTRAL EXCISE&CUSTOMS,MUMBAI&ORS vs M/S. I.T.C. LTD.. · Niyam