Home Case Index All Cases Customs Customs + HC Customs - 2018 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (12) TMI 1306 - HC - CustomsDelay in issuance of SCN - appellant had effected a Project Import on 13.03.1999, installation was completed on 26.12.2002 and complied with all formalities and in 2018, the present impugned show cause notice was issued alleging under valuation of a few of the items which were imported by the appellant - Held that:- Though the case may be one of investigation done by the DRI, yet final assessment should be done within a reasonable time. In the opinion of the Central Board, 6 months' is reasonable time under normal circumstances. In our prima facie view, period of 15 years cannot be considered as a reasonable time - Assuming without admitting upon adjudication of the show cause notice, the proposal therein is confirmed, the entire liability may be around ₹ 11 crores and assuming the assessee files appeal, the minimum pre- deposit required to be made would be ₹ 7.5% of the disputed demand. The partial relief can be granted to the appellant so as to enable them to tide over the financial crisis, which they are stated to be undergoing at present - appeal allowed in part.
|