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Recovery

This query is : Resolved 
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(Querist)
24 September 2009 Dear Members,

is it Legal to Recover duty under section 11A of Central Excise Act 1944?

Without demand and determination Under 11A(1) or 11A(2)
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CH.LN.Sastry,MCom, LLB, M.Phil

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CH.LN.Sastry,MCom, LLB, M.Phil (Expert)
25 September 2009 Yes. It is legal to recover the duty but after issuing the show cause notice with in six months.
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Chirayu Kothi

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Chirayu Kothi (Querist)
30 September 2009 Dear Member,

Within six months or one year?
and how can be direct recovery be held with out any demand?

I m not convinced with it.
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Madhukar N Hiregange

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Madhukar N Hiregange (Expert)
03 October 2009 there is no recovery without a scn issued and due process of law to be followed.

Court would also aid you if coerced.
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