2019 (1) TMI 136 - HC - Customs

Export of prohibited item - non-basmati rice - rule 11 of the Export (Quality Control and Inspection) Act, 1963 - restriction under Serial No.45AA of Notification No.55(RE-2008)/2004-2009, amended by Notification dated 17.8.2010 bearing No.57/2009-2014 issued by DGFT - confiscation and penalty - Held that - The appeal is admitted on substantial questions of law arise for consideration.

Summary

Issues involved:
- Tribunal's reliance on a Delhi High Court decision
- Tribunal's reliance on a specific notification
- Justification of confiscation, redemption fine, and penalties under Customs Act, 1962
- Applicability of a particular notification in the case

Analysis:

1. The appellant's advocate argued that the Tribunal based its decision on a Delhi High Court ruling, which was later overturned in favor of the assessee. The advocate contended that since the Tribunal's decision was influenced by the earlier Delhi High Court judgment, it was reasonable for the Tribunal not to rectify its order. Additionally, the Tribunal cited Notification No.67 of 2003 under the Export (Quality Control and Inspection) Act, 1963 to support the confiscation and penalty under section 114(1) of the Customs Act, 1962, due to the excess proportion of non-basmati rice in the export consignments.

2. Referring to the Supreme Court's decision in a previous case, the advocate highlighted the necessity for the revenue to provide a show cause notice if the appellant is deemed ineligible for a specific notification's benefits. In this instance, the revenue did not assert that the notification applied to the appellant's case. Therefore, the Tribunal's reliance on the notification without issuing a show cause notice was deemed inappropriate by the appellant.

3. Considering the arguments presented by the appellant's advocate, the court admitted the case for further examination.

4. The court identified the following significant questions of law for consideration:
- Whether the Tribunal was justified in upholding confiscation, redemption fine, and penalties under sections 114(1) and 114AA of the Customs Act, 1962, based on the circumstances of the case.
- Whether the Tribunal was justified in relying on Notification No.67 of 2003 under the Export (Quality Control and Inspection) Act, 1963, which was not specified as a restriction under Serial No.45AA of Notification No.55(RE-2008)/2004-2009, amended by a subsequent notification issued by DGFT.

5. The proposed Question (c) was incorporated into the first question for consideration.