Wait...
Search Global Export Import Trade Data
Recent Searches: No Recent Searches

Date: 15-04-2011
Notification No: CUSTOMS INSTRUCTION
Issuing Authority: Indian Customs  
Type: Instruction
File No: F. No.437/143/2009-Cus.IV(pt)
Subject: Regarding adjudication of appraising related Show Cause Notices

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.

  1. 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.

  2. As for the cases which would be hit by limitation if notices are issued afresh now, necessary legal options are being explored.

  3. 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)

       

Get Sample Now

Which service(s) are you interested in?
 Export Data
 Import Data
 Both
 Buyers
 Suppliers
 Both
OR
 Exim Help
+


What is New?

Date: 12-11-2025
Notification No. 32/2025-Customs (ADD)
Seeks to impose anti-dumping duty on Hot-rolled flat products of alloy or non alloy steel originating in or exported from Vietnam

Date: 07-11-2025
Notification No. 31/2025 -Customs (ADD)
Seeks to impose anti dumping duty on imports of “Flax or Linen fabric having flax content of more than 50%” originating in or exported from China and Hong Kong

Date: 04-11-2025
Notification No.73/2025-Customs (N.T.)
Transhipment of Cargo to Nepal under Electronic Cargo Tracking System (Amendment) Regulations, 2025 by amendment of Principal Notification No. 68/2019-Customs (N.T.) dated 30th September, 2019

Date: 31-10-2025
Notification No. 72/2025-CUSTOMS (N.T.)
Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver

Date: 30-10-2025
NOTIFICATION No 68/2025-Customs (N.T.)
Assignment of Proper Officer under section 18A

Date: 30-10-2025
NOTIFICATION No. 69/2025-Customs (N.T.)
Levy of Fees (Customs Documents) Amendment Regulations, 2025

Date: 30-10-2025
NOTIFICATION No. 70/2025-Customs (N.T.)
Customs (Voluntary Revision of Entries Post Clearance) Regulations, 2025

Date: 30-10-2025
NOTIFICATION No. 71/2025-Customs (N.T.)
Conditions, where no revision allowed under Section 18A

Date: 23-10-2025
NOTIFICATION No. 66/2025 - Customs (N.T.)
Notification of ICD Malur, Kolar District, Karnataka u/s. 7(1)(aa) of Customs Act, 1962" and it was issued under Section 7(1)(aa) of Customs Act, 1962.

Date: 18-10-2025
NOTIFICATION No. 17/2025 – CENTRAL TAX
Seeks to extend date of filing GSTR-3B.



Exim Guru Copyright © 1999-2025 Exim Guru. All Rights Reserved.
The information presented on the site is believed to be accurate. However, InfodriveIndia takes no legal responsibilities for the validity of the information.
Please read our Terms of Use and Privacy Policy before you use this Export Import Data Directory.

EximGuru.com

C/o InfodriveIndia Pvt Ltd
F-19, Pocket F, Okhla Phase-I
Okhla Industrial Area
New Delhi - 110020, India
Phone : 011 - 40703001