1988 (6) TMI 253 - AT - Customs

Summary

Issues Involved:
1. Validity of the show cause notice issued under Section 131(3) of the Customs Act.
2. Determination of the initiation date of proceedings under Section 131(3).
3. Transfer of proceedings to the Appellate Tribunal under Section 131(B)(2) of the Customs Act.
4. Interpretation of "giving of notice" under various sections of the Customs Act.

Detailed Analysis:

1. Validity of the Show Cause Notice Issued Under Section 131(3) of the Customs Act:
The respondents imported 1053 drums of palm oil and sought clearance against 8 REP licenses. The Customs House objected to the clearance on the grounds that one of the licenses had already been utilized for the import of Mutton Tallow, and the goods were canalized items not permissible for import by any agency other than the canalizing agency. The Collector of Customs ordered confiscation but allowed redemption on payment of a fine. On appeal, the Central Board of Excise and Customs held that all 8 licenses were valid. The Central Government issued a show cause notice under Section 131(3) of the Customs Act, which was then transferred to the Tribunal after its constitution.

2. Determination of the Initiation Date of Proceedings Under Section 131(3):
The key issue was whether the proceedings under Section 131(3) were validly initiated before the appointed date (11-10-1982). The respondents received the show cause notice on 12-10-1982, and it was contended that the proceedings could only be considered initiated upon actual receipt of the notice. The Tribunal examined the connotation of "giving of notice" and referenced various legal precedents, concluding that the actual service of notice is necessary for the initiation of proceedings.

3. Transfer of Proceedings to the Appellate Tribunal Under Section 131(B)(2) of the Customs Act:
Section 131(B)(2) stipulates that proceedings pending before the Central Government under Section 131 immediately before the appointed date shall be transferred to the Appellate Tribunal. The Tribunal had to determine if any proceeding was pending before the Central Government on 11-10-1982. Since the notice was served on 12-10-1982, the Tribunal concluded that no proceeding was pending before the appointed date, and thus, nothing stood transferred to the Tribunal.

4. Interpretation of "Giving of Notice" Under Various Sections of the Customs Act:
The Tribunal reviewed various sections of the Customs Act, including Sections 28(1), 110, 124, 128, 129A, 129DD, 130(1), and 153, to interpret the term "giving of notice." It was noted that except for filing appeals, the actual service of notice is necessary to initiate proceedings. The Tribunal referenced multiple legal precedents, including decisions from the Supreme Court and the Gujarat High Court, which supported the view that "giving of notice" is not complete until it reaches the intended recipient or is tendered to them.

Conclusion:
The Tribunal accepted the contention that the giving of notice to the respondents was only completed on 12-10-1982, thus no valid initiation of proceedings occurred before the appointed date. Consequently, the Central Government was not vested with the power of revision after the appointed date, and no action could be taken against the respondents based on the notice issued on 8-10-1982 but received on 12-10-1982. The appeal was disposed of accordingly.