Saturday, 18 July 2015

Adjudication order resulting in gross injustice can be challenged in writ when appeal before CCE(A)

Service Tax/Excise/Customs : Even if appeal before Commissioner (Appeals) is barred owing to expiry of his maximum permissible condonable period, adjudication order may be challenged in discretionary writ only if : (A) said order is without jurisdiction or passed in flagrant disregard to law or rules or procedure, or, in violation of natural justice; and (B) it has resulted into gross injustice

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