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2017 (9) TMI 327 - AT - CustomsJurisdiction - power of DRI to issue SCN - Held that - the notice issued by the DRI who was not a competent authority as per the ratio laid down in the case of Mangali Impex Ltd. Vs. UOI 2016 (5) TMI 225 - DELHI HIGH COURT - In this connection, we note that similar issues have been dealt with in various cases by the Tribunal recently. It is held that the matters have to be remanded back to the original authority for a decision - appeal allowed by way of remand.
Issues:
Appeals against orders passed by various Customs Commissioners; Jurisdiction of DRI officers to issue show cause notices under Customs Act; Competency of DRI officers post Delhi High Court and Supreme Court judgments; Amendments to Customs Act in response to court decisions; Conflict of decisions among different High Courts; Supreme Court stay on Delhi High Court judgment; Recent Delhi High Court judgment granting liberty to review challenges based on Supreme Court decision. Analysis: The appeals were filed against orders passed by different Customs Commissioners. During the hearing, it was acknowledged that the Directorate of Revenue Intelligence (DRI) issued the impugned notices, raising concerns about the jurisdiction of DRI officers following the Delhi High Court judgment in the Mangali Impex Ltd. case. The Tribunal referred to a previous case where a similar issue was raised regarding the competence of DRI officers to issue show cause notices under the Customs Act. The Tribunal noted that subsequent amendments to the Customs Act empowered DRI officers to issue demand notices under Section 28. However, conflicting decisions from different High Courts led to the matter being sub-judice before the Supreme Court. The Tribunal highlighted the conflicting decisions of various High Courts on the issue, leading to the Supreme Court granting a stay on the Delhi High Court judgment. Mention was made of a recent Delhi High Court judgment in the BSNL case, where the court granted liberty to review challenges based on the outcome of the Supreme Court appeals. Following the precedent set by the Delhi High Court in the BSNL case, the Tribunal set aside the impugned orders and remanded the matters to the original adjudicating authority to decide the jurisdiction issue after the Supreme Court decision in the Mangali Impex Ltd. case. The Tribunal allowed the appeals by remanding the cases for fresh decision, maintaining status quo until a final decision is reached. In alignment with the Tribunal's previous decision, both parties agreed to the remand of the matters for a fresh decision. The issues revolved around the jurisdiction of DRI officers to issue show cause notices under the Customs Act, the impact of court judgments on the competency of DRI officers, and the subsequent amendments to the Customs Act to address these concerns. The conflicting decisions of various High Courts and the Supreme Court's intervention added complexity to the legal landscape, necessitating a review of jurisdiction and merits in light of the evolving legal interpretations.
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