1994 (2) TMI 298 - HC - Customs

Summary

Issues Involved:
1. Validity of the Show-Cause Notice.
2. Requirement of Import Permit in Form 'D'.
3. Jurisdiction of Customs Authorities.
4. Prematurity of Show-Cause Notice.

Summary:

1. Validity of the Show-Cause Notice:
The petitioner challenged the show-cause notice dated 5th March 1993, issued by the Asstt. Collector of Customs, Postal Appraising Department, under Article 226 of the Constitution of India. The notice demanded the petitioner to show cause why a sum of Rs. 2,44,942.35, allegedly short-levied, should not be paid.

2. Requirement of Import Permit in Form 'D':
The petitioner imported flower seeds from the USA, and the Ministry of Agriculture issued a circular on 15th June 1992, stating that "Import Permit and Phytosanitary Certificate are no longer required for the import of plant and plant materials meant for consumption, or sowing/planting imported as accompanied baggage and through Postal Channel." Despite this, the Customs authorities insisted on the production of a valid permit in Form 'D' as per Notification No. 265/88-Cus., dated 28th September 1988. The court noted that the requirement for Form 'D' had been relaxed by the Ministry of Agriculture, and thus, the Customs authorities could not insist on its production.

3. Jurisdiction of Customs Authorities:
The Customs authorities' insistence on the production of Form 'D' was found to be without jurisdiction. The Ministry of Agriculture, the competent authority, had relaxed this requirement, and the Customs authorities were bound to follow this statutory notification. The court emphasized that any fiscal statute must be strictly interpreted, giving the benefit of doubt to the subject. The Customs authorities' action was deemed contrary to the statutory notification and departmental circulars.

4. Prematurity of Show-Cause Notice:
The court held that the show-cause notice was premature as the final assessment had not been completed. Section 28 of the Customs Act, 1962, stipulates that a show-cause notice for short levy can only be issued after the final assessment. As the assessment was still provisional, the notice was deemed without jurisdiction.

Conclusion:
The court quashed the impugned show-cause notice and the proceedings initiated thereunder. The Bond furnished by the petitioner was ordered to be canceled and discharged. The court ruled that the Customs authorities could not impose any duty on the imported seeds in light of the statutory notification issued by the Ministry of Agriculture. The petition succeeded, and no order as to costs was made.