2016 (11) TMI 1473 - AT - Customs

Release of goods - provisional assessment for clearance of the goods - there was excess gross weight of 2672.5 Kgs. The Department has neither issued any show cause notice nor allowed the goods to be released provisionally - extension of time limit for seizure of goods - Held that - in exercise of the powers vested in me under the proviso to Section 110 (2) of the Customs Act, 1962 I hereby extend the period of six months referred to in the main sub-section (2) of the Section 110 ibid by a further period not exceeding six months from the expiry of the initial period of six months from the date of seizure (i.e. upto 13.08.2008) in respect of the goods covered under the Bill of Entry number 332001 dated 20.03.2007 - appeal dismissed.

Summary

Issues: Provisional assessment of imported goods, extension of period for issuance of Show Cause Notice under Customs Act, 1962.

Provisional Assessment of Imported Goods:
The appellant imported stamping foils which were withheld by the Department due to excess gross weight. Despite no show cause notice being issued, the goods were not released. The Hon'ble High Court directed provisional assessment for clearance. The Commissioner of Customs passed a detailed order considering submissions and the Special Investigation Branch's points. The goods were seized under Section 110(1) of the Customs Act, 1962, for violations. The Commissioner extended the period for issuance of Show Cause Notice under Section 124(a) beyond six months from the date of seizure. The goods were formally seized after examination and finding grounds for confiscation.

Extension of Period for Issuance of Show Cause Notice:
The Commissioner analyzed if sufficient cause was shown by the Special Investigating Branch to extend the period for issuing the Show Cause Notice under Section 124(a) of the Customs Act. Referring to a Board circular, the Commissioner differentiated the case from a previous one where the Show Cause Notice was quashed as time-barred. In this case, the goods were not yet cleared by Customs when examined, leading to their formal seizure later. The Commissioner exercised powers under the proviso to Section 110(2) of the Customs Act to extend the period for issuing the Show Cause Notice by an additional six months.

Conclusion:
After reviewing the appeal records and the Commissioner's detailed order, the Tribunal found no infirmity in the impugned order. The appeal was dismissed, upholding the provisional assessment and the extension of the period for issuing the Show Cause Notice under the Customs Act, 1962.