Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
229 A, North Block
New Delhi, dated 15th April, 2011.
To
All Chief Commissioners of Customs / Customs (Prev.).
All Chief Commissioners of Customs & Central Excise.
All Commissioners of Customs / Customs (Prev.).
All Commissioners of Customs & Central Excise.
Director General of Revenue Intelligence.
Subject: Adjudication of appraising related Show Cause Notices- regarding.
Sir / Madam,
Attention is invited to Hon’ble Supreme Court order in Civil Appeals Nos.
4294-4295 of 2002 alongwith C.A. Nos. 4603-4604 of 2005. As per the said Hon’ble
Supreme Court order, only such Customs officer who has been assigned the
specific functions of assessment and re-assessment of duty in the jurisdictional
area where the import concerned has been effected, by either the Board or the
Commissioner of Customs, in terms of Section2 (34) of the Act is competent to
issue notice under section 28 of the Act. The Supreme Court in its judgement has
also observed that these judgements shall not preclude the revenue from
initiating any proceedings against the importers for recovery of duty and other
charges payable in respect of subject goods, if permissible under the Act.
- In view of Hon’ble Supreme Court order, while other alternative measures are
being considered to address the matter, it has been decided by the Board that
henceforth all Show Cause Notices under Section 28 of the Customs Act, 1962 in
respect of cases investigated DRI/Customs Preventive formations are required to
be issued by jurisdictional Commissioners from where imports have taken place.
Board also desires the field formations to examine the pending show cause
notices and wherever the cases are not hit by limitation, show cause notices may
be got issued afresh by jurisdictional Commissionerates in supersession of the
earlier show cause notices and in the light of the Hon’ble Supreme Court
judgement in the matter.
- As for the cases which would be hit by limitation if notices are issued
afresh now, necessary legal options are being explored.
- Difficulty faced, if any, may be brought to notice of the Board.
Yours faithfully,
(G. S. Sinha),
OSD (Customs IV)
F. No.437/143/2009-Cus.IV(pt)