2018 (7) TMI 110 - HC - Customs

Jurisdiction of the DRI to issue the SCN - The Tribunal was pleased to remand the matter to the original authorities after setting aside the respective orders passed by them and status quo was directed to be maintained in the interim period - Held that - There was no occasion to set aside the decision of the adjudicating authority as the Tribunal did not touch upon any of the appeals on merits except the Revenue s appeal. This being the position, the Tribunal ought to re-hear the appeal of the Revenue - the matter is remanded to the Tribunal - appeal allowed by way of remand.

Summary

Issues: Jurisdiction of DRI to issue show cause notice; Error of law in setting aside order of original authority without addressing questions raised in appeal on merits.

Jurisdiction of DRI to issue show cause notice: The appellant, against whom a show cause notice was issued by the Directorate of Revenue Intelligence (DRI), had responded to the notice, and the adjudicating authority had directed to drop the proceedings initiated by the notice. The Revenue appealed against this order, and the Customs, Excise & Service Tax Appellant Tribunal (CESTAT) examined the jurisdiction of DRI to issue the notice. The Tribunal remanded the matter to the original authorities, setting aside their orders and directing to maintain status quo. The High Court found that the Tribunal only addressed the jurisdiction issue and did not consider any other points on merits. The Court held that the Tribunal should re-hear the appeal of the Revenue as it committed an error of law by setting aside the order without addressing the questions raised in the appeal.

Error of law in setting aside order without addressing questions raised in appeal on merits: The High Court observed that the Tribunal did not touch upon any of the appeals on merits except the Revenue's appeal. The Court noted that the Revenue had never raised the question of DRI's jurisdiction, and the appellant was successful before the adjudicating authority on merits. Therefore, the Court concluded that there was no reason to set aside the decision of the adjudicating authority. The High Court held that the Tribunal should have re-heard the appeal of the Revenue and that it erred in setting aside the order without addressing the questions raised in the appeal on merits. Consequently, the High Court set aside the impugned decision related to the appellant and remanded the matter to the Tribunal for a re-hearing following the usual formalities.

In conclusion, the High Court's judgment focused on the jurisdiction of the Directorate of Revenue Intelligence to issue a show cause notice and the error of law committed by the Tribunal in setting aside the order without considering the merits of the appeal. The Court directed the Tribunal to re-hear the appeal of the Revenue, emphasizing the importance of addressing all raised questions on merits during the proceedings.