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Customs - Highlights / Catch Notes

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Period of limitation - violation of actual user condition - At ...


Reasonable Period for Show Cause Notice in Customs Law: Actual User Condition Violation Not Time-Barred.

August 10, 2016

Case Laws     Customs     SC

Period of limitation - violation of actual user condition - At the time of import, the importer only gives declaration. It is the actual use, which event takes place much after the import, from where it can be gathered as to where the import is made for the purpose for which it was done. As soon as the aforesaid information was gathered by DRI, show cause notice was issued. Therefore, the show cause notice had been issued within a reasonable period and it cannot be treated as time barred - SC

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