2022 (3) TMI 94 - SCH - Customs

Jurisdiction - power of Directorate of Revenue Intelligence to issue SCN - HELD THAT - In the present case, the notice to show cause dated 30 October 2013 raising demands under the Customs Act 1962 was issued by the Additional Director General of the Directorate of Revenue Intelligence (Zonal Unit, Ahmedabad). In view of the decision of the three- Judge Bench in M/S CANON INDIA PRIVATE LIMITED VERSUS COMMISSIONER OF CUSTOMS 2021 (3) TMI 384 - SUPREME COURT , the appeal which has been filed by the Commissioner of Customs in the present case will have to be and is accordingly dismissed. Appeal dismissed.

Summary

Issues: Jurisdiction of Directorate of Revenue Intelligence under Customs Act 1962

Analysis:
The Supreme Court, in the case at hand, addressed the issue of jurisdiction concerning the Directorate of Revenue Intelligence (DRI) under the Customs Act 1962. The Court referred to a previous judgment in Canon India Private Limited vs Commissioner of Customs and highlighted that without an entrustment under Section 6 of the Customs Act, an officer of the DRI cannot exercise functions designated to Customs Officers. Consequently, the Court deemed the proceedings initiated by the Additional Director General of DRI, through show cause notices, as invalid. This ruling underscored the importance of proper jurisdictional authority in customs-related matters to ensure the validity of proceedings.

Moreover, the Court specifically noted that the show cause notice dated 30 October 2013, which raised demands under the Customs Act 1962, was issued by the Additional Director General of DRI (Zonal Unit, Ahmedabad). Building on the precedent set in the Canon India Private Limited case, the Court dismissed the appeal filed by the Commissioner of Customs in the present case. The dismissal was based on the lack of jurisdiction of the DRI officer to initiate the proceedings, as clarified by the earlier judgment.

Furthermore, the Court clarified that due to the dismissal of the appeal on jurisdictional grounds, it was unnecessary to delve into the merits of the judgment passed by the Custom Excise Service Tax Appellate Tribunal on 5 August 2019. This decision reaffirmed the significance of adhering to proper jurisdictional protocols in customs matters and emphasized the need for competent authorities to carry out their functions within the legal framework. Ultimately, the Court dismissed the appeal, thereby upholding the principle that jurisdictional requirements must be met for legal proceedings to be valid and enforceable.