2018 (9) TMI 98 - HC - Customs

Jurisdiction - power of Additional Director General, Directorate of Revenue Intelligence to issue SCN - Held that - It appears that, the show cause notice is eight years old being issued on September 13, 2010. The petitioner did approach the writ Court earlier in WP No.7278(W) of 2013 which was disposed of by an order dated June 13, 2013. At that stage, the writ petitioner did not question the jurisdiction of the authority to issue the show cause notice - Navneet Kumar (supra) is under consideration by the appeal Court. In such circumstances, it is not minded to grant any order of stay of the proceedings at this stage - The authorities are at liberty to proceed with the show cause notice, in accordance with law. Needless to say that, such proceedings will abide by the result of the writ petition.

Summary

Issues: Challenge to jurisdiction of authority issuing show cause notice. Delay in raising jurisdictional issue. Supply of relied upon documents.

The judgment concerns a writ petition challenging a show cause notice issued on September 13, 2010, on the grounds of lack of jurisdiction of the authority issuing the notice. The petitioner, relying on a previous judgment, argues for a stay of proceedings or quashing of the notice. The Directorate of Revenue Intelligence contends that the petitioner did not raise the jurisdictional issue earlier and cannot do so now. The High Court notes that the notice was issued by the Additional Director General, Directorate of Revenue Intelligence, and references the previous judgment which found that such authority lacks jurisdiction to issue show cause notices. Despite the notice being eight years old, the Court declines to grant a stay on proceedings at this stage, allowing authorities to proceed with the notice, with the outcome of the writ petition affecting the proceedings. The petitioner is directed to participate in the proceedings without prejudice to their rights and contentions. The Court orders the authorities to supply any further documents they intend to rely upon to the petitioner within a specific timeframe. The petitioner is granted the opportunity to submit a reply within three weeks thereafter. Affidavit-in-opposition is to be filed within four weeks, with a reply due within two weeks thereafter. The writ petition is listed for hearing in November 2018.

In summary, the issues in the judgment revolve around the challenge to the jurisdiction of the authority issuing the show cause notice, the delay in raising this jurisdictional issue, and the directives regarding the supply of relied upon documents and the timeline for participation in the proceedings.