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2019 (4) TMI 652 - HC - CustomsJurisdiction - power to issue SCN - Undervaluation of imported goods - evasion of customs duty - Held that - The similar matter came up before this Court in COMMISSIONER OF CUSTOMS, LUDHIANA VERSUS M/S TL VERMA AND CO. 2018 (9) TMI 1152 - PUNJAB AND HARYANA HIGH COURT , wherein this Court while allowing the appeal remitted the matter back to the Tribunal to decide the same on merits after the decision of the Supreme Court in Mangali Impex Limited s case 2016 (8) TMI 1181 - SUPREME COURT . The matter is remitted back to the Tribunal to decide the same on merits.
Issues:
Delay in refiling the appeal, Appeal under Section 130(1) of the Customs Act, 1962, Setting aside of Commissioner's order, Remand to Adjudicating Authority, Undervaluation of imported goods, Confirmation of demand and penalties, Similar matter before the Court, Remittal of the matter back to the Tribunal. Analysis: The High Court addressed the issue of a 237-day delay in refiling the appeal, which was condoned. The appeal was filed by the revenue under Section 130(1) of the Customs Act, 1962 against the order passed by the Customs, Excise and Service Tax Appellate Tribunal. The Tribunal had set aside the Commissioner's order and remitted the matter back to the Adjudicating Authority for a fresh decision. The case involved searches conducted by the DRI on the premises of a company suspected of evading customs duty on imported goods. Documents and e-mails were recovered during the search, and seized goods were pending clearance. A show cause notice was issued for undervaluation of goods, leading to confirmation of demand and penalties by the Adjudicating Authority. The Tribunal, in its order dated 29.8.2017, remanded the matter back for a fresh decision post the Supreme Court's decision in another case. The Court considered a similar matter previously decided and remitted back to the Tribunal for a decision on merits after the Supreme Court's decision in a specific case. In light of this, the present appeal was allowed, and the Tribunal's order was set aside. The matter was remitted back to the Tribunal for a decision on merits following the Supreme Court's decision in the referenced case. The assessee was granted liberty to move an application before the Court if aggrieved by the order passed. The judgment emphasized the need for a fresh decision based on the Supreme Court's ruling and provided the party with an opportunity to challenge the decision if dissatisfied. This detailed analysis covers the issues of delay in appeal refiling, the nature of the appeal under the Customs Act, 1962, the sequence of events leading to the appeal, the decision to set aside the Commissioner's order, the remand to the Adjudicating Authority, and the Court's consideration of a similar matter. The judgment's focus on ensuring a decision based on the Supreme Court's ruling and granting the party the right to challenge the order if necessary is highlighted in the analysis.
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