31/05/2026
"Inordinate Delay"
In the Indian legal system, "inordinate delay" is a critical factor that can influence the outcome of both criminal and civil proceedings. It primarily intersects with the Fundamental Right to a Speedy Trial under Article 21 of the Constitution, the Law of Limitation, and the discretionary powers of courts to quash proceedings or commute sentences.
But its application in Taxation matters is particularly stringent. In tax law, delay often intersects with statutory limitation periods, the "Doctrine of Laches" in writ jurisdictions, and the procedural fairness required during assessments and reassessments.
Let's understand its applicability in Taxation through various judgments:
1. Om Gems and Jewellery vs Principal Commissioner, Directorate of International Customs, Free Trade Agreements (FTA) Cell New Delhi - Delhi High Court
(2024) 387 ELT 575 (Del)
Customs : Although imported goods were subjected to provisional assessment in January, 2016, those assessment proceedings were not concluded till 2023 despite more than seven years had elapsed; inordinate delay as caused in conclusion of provisional assessment proceedings was not justified and hence, petitioner was entitled to refund of amounts represented by Bank Guarantee.
2. Union of India vs ATA Freight Line (I) PVT. LTD. - Supreme Court
(2023) 73 GSTL 581 (SC)
Service Tax: Inordinate delay of 7 to 11 years in adjudication of Show Cause notices on ground of their transfer to Call Book would not be sustainable, more so when assessee was never informed of such transfer.
3. Chemplast Sanmar Ltd. vs Deputy Commissioner of Customs (Export), Mumbai - Madras High Court
(2026) 395 ELT 200 (Mad)
Customs : Show cause notice for non-production of Export Obligation Discharge Certificates (EODCs) must be issued within reasonable time, even though Rule 226A of Central Excise Rules, 1944 and Section 143 of Customs Act, 1962 had not prescribed any time limit; even if yard stick of CBEC Circular fixing five years was applied, 17 years delay in issuance of SCN was inordinate.
4. SANDVIK ASIA LTD. vs COMMISSIONER OF INCOME TAX-I, PUNE - Supreme Court
(2006) 196 ELT 257 (SC)
Refund - Amount lawfully due to assessee - Delay in payment by department - HELD : Erroneous view of law taken by revenue cannot mean that withholding of monies was ‘justifiable’ or ‘not wrongful’ - There is no exception for an allegedly ‘justifiable’ withholding, and even if there was, inordinate delay (17 to 12 years) cannot be justified.
CONCLUSION:
Recently Notices are issued for Late Fees and Interest Liability which could be challenged as they have been issued after an inordinate and unexplained delay of several years, during which the noticee has suffered actual and demonstrable prejudice. The department’s prolonged silence, followed by a mechanical demand at this late stage, is arbitrary and contrary to settled principles governing fair administrative action.
Abhishek Raja Ram
9810638155