2016 (3) TMI 188 - AT - Customs

Period of limitation - Date of issue of SCN or Date of Service of SCN is relevant - Demand of differential duty - Department issued less charge demand on 12.5.1997 to the appellant s Madhya Pradesh unit which was redirected to his Kankroli unit Rajasthan (unit in question) after a period of 6 months which became time-barred as per appellant - Held that any demand that needs to be raised on the importer has to be issued and received by him within the period of limitation. Mere dispatch of show cause notice within a period of 6 months is not sufficient but should be served on the assessee/importer is the law, upheld by the Hon ble High Court of Madras in the case of SHA Moolchand Praopchandji Gandhi 2003 (11) TMI 84 - HIGH COURT OF JUDICATURE AT MADRAS. - Decided in favour of appellant with consequential relief

Summary

Issues: Demand of differential duty, Time limitation for issuing demand notice.

Analysis:

Issue 1: Demand of differential duty
The appeals arose from a common Order-in-Appeal regarding the demand of a differential duty from the appellant. The appellant had imported goods in 1996, discharged the Customs Duty as assessed, but a short payment of duty on two consignments was identified by the department. A less charge demand note was issued in 1997, but the appellant claimed they received it late, making it time-barred. The first appellate authority concluded that the demand was in time based on the date of dispatch of the demand letter. However, the Tribunal disagreed, emphasizing that the demand must be issued and received within the limitation period. The Tribunal noted that the demand was posted to the wrong address of the appellant, and the department was aware of the limitation issue. Citing legal precedent, the Tribunal held that mere dispatch of the notice is not sufficient; it must be served on the importer. The Tribunal accepted the appellant's contention that the demand was time-barred and set aside the impugned order, allowing the appeals.

Issue 2: Time limitation for issuing demand notice
The key issue in the case was whether the demand for a differential duty was within the time limitation. The Tribunal highlighted that the demand notice must not only be dispatched within the limitation period but also served on the assessee/importer. Citing a judgment by the Hon'ble High Court of Madras, the Tribunal emphasized the importance of serving the notice on the importer for compliance with the law. The Tribunal found that the demand in this case was posted to the wrong address, leading to a delay in receipt by the appellant. Despite the department's knowledge of the limitation issue, they requested payment. Ultimately, the Tribunal ruled in favor of the appellant, holding that the demand was indeed time-barred, and set aside the impugned order, granting consequential relief.

This detailed analysis of the judgment from the Appellate Tribunal CESTAT MUMBAI underscores the significance of adherence to time limitations in issuing demand notices and the legal requirements for serving such notices on importers to ensure compliance with the law.