2016 (9) TMI 777 - HC - Customs

Denial of benefit of duty free import - saffron - duty free import authorisation - Assorted Confectionery and Biscuits - proceedings from the Court s judgment and order, copy of which is Annexure-M dated 15th February, 2016, are pending in the Hon ble Supreme Court of India - cross-examination of such officials of the department who have endorsed the bills of entry at the relevant time. Held that - no opinion expressed on the rival contentions nor on the respective stands taken by the parties. writ petition disposed off on this aspect alone - no opinion expressed on the rival contentions about the principle of law.

Summary

Issues:
Challenge to show cause notice under Article 226 of the Constitution of India regarding duty-free import authorization for saffron; Jurisdiction of Revenue to issue show cause notice after orders passed by Tribunal and High Court; Maintainability of writ petition due to alternative remedies available to petitioners; Delay in adjudication caused by petitioners' actions; Request for cross-examination of officials endorsing bills of entry.

Analysis:
1. The petition challenges a show cause notice related to duty-free import authorization for saffron. The petitioners purchased the authorization and imported saffron without duty payment. The matter was concluded by an order-in-appeal and unsuccessfully challenged in court. The show cause notice aims to deny the exemption granted for saffron based on previous orders. The petitioners argue that the notice is without jurisdiction as it goes against the order passed by the Tribunal and upheld by the High Court, binding the Revenue.

2. The Revenue contends that the show cause notice is not solely based on the previous judgment. The petitioners have multiple remedies if the final order is adverse. The petitioners requested adjournments delaying the proceedings, including cross-examination of officials. The Revenue insists on proceeding with the notice, leading to delays in adjudication since February 2016.

3. The High Court refrains from expressing opinions on the merits of the show cause notice. Acknowledging the pending proceedings in the Supreme Court, the Court emphasizes the Revenue's desire to conclude the notice. The Revenue agrees to allow cross-examination of officials endorsing bills of entry. The Court permits the petitioners to furnish details for cross-examination within two weeks, ensuring their legal rights and contentions remain intact.

4. The Court disposes of the writ petition without expressing opinions on the parties' contentions. The appeal before the Central Excise and Service Tax Appellate Tribunal filed by the petitioner is no longer relevant and should be formally disposed of by the Tribunal. The writ petition is thus concluded based on the arrangements made regarding the cross-examination of officials.

Conclusion:
The High Court's judgment addresses the challenge to a show cause notice regarding duty-free import authorization for saffron. The Court clarifies the jurisdiction of the Revenue, the maintainability of the writ petition, delays in adjudication, and the request for cross-examination. The Court's decision ensures the continuation of the adjudication process while safeguarding the petitioners' legal rights and contentions.