2017 (10) TMI 1607 - AT - Customs

Jurisdiction - power of DRI to issue SCN - section 28 of the Customs Act - HELD THAT - By following the ratio laid down by the Hon ble High Court of Delhi in the case of BHARAT SANCHAR NIGAM LIMITED VERSUS UNION OF INDIA ORS 2017 (6) TMI 688 - DELHI HIGH COURT as well as by considering totality of facts and circumstances we set aside the impugned order and remand the matter to the original adjudicating authority to first decide the issue of jurisdiction after the availability of Hon ble Supreme Court decision in the case of UNION OF INDIA VERSUS MANGALI IMPEX LTD. 2016 (8) TMI 1181 - SC ORDER and then on merits of the case but by providing an opportunity to the assessee of being heard. Till the final decision the status quo will be maintained. Matter on remand.

Summary

Issues:
Jurisdiction of DRI officers to issue notice under Customs Act, 1962.

Analysis:
The appeal was filed against the Order-in-Appeal passed by the Commissioner of Customs (Appeals), Chennai. The importer's counsel raised a preliminary plea regarding the jurisdiction of the DRI officers to issue the show-cause notice under the Customs Act. Referring to a decision by the Hon'ble High Court of Delhi, it was argued that DRI offices are not competent to initiate demand action under the Customs Act. On the other hand, the Department's Authorized Representative justified the order passed by the Commissioner of Customs and requested a decision on the merits of the case.

After hearing both parties and examining the record, the Tribunal noted that the primary issue in the appeal was the jurisdiction of DRI officers to issue notices under the Customs Act. The assessee-appellant relied on a Supreme Court decision to argue that DRI officers were not proper officers under the Customs Act. Subsequent amendments to section 28 of the Customs Act were made to address this issue, empowering the Additional Director General, DRI as a 'proper officer' from a specified date.

The Tribunal observed that conflicting decisions by different High Courts had led to the matter reaching the Hon'ble Supreme Court, which had granted a stay on the Delhi High Court's judgment. The Tribunal considered a recent judgment by the Delhi High Court on a similar issue involving DRI notices and decided to set aside the impugned order, remanding the matter to the original adjudicating authority for a decision on jurisdiction after the Supreme Court's decision and then on the merits of the case, ensuring the assessee's right to be heard. Until a final decision is reached, the status quo was to be maintained.

In conclusion, the appeal was allowed by way of remand, following the principles laid down by the Delhi High Court and considering the totality of facts and circumstances surrounding the jurisdictional issue involving DRI officers under the Customs Act, 1962.