2025 (3) TMI 134 - HC - Customs

Seeking issuance of an appropriate writ for quashing of the impugned Order-in-Original - suspected misdeclaration and undervaluation in the import of rubber compound un-vulcanized rubber compound and nylon chords - HELD THAT - On the basis of the allegations stated in the impugned SCN the DRI raised various demands against the Petitioners including interest and penalty. The impugned SCN was however not adjudicated for a substantial period of time by the concerned assessing authority. Petition disposed off.

Summary

ISSUES PRESENTED and CONSIDERED- Whether the impugned Order-in-Original dated 26th March, 2024 and the impugned Show Cause Notice dated 20th June, 2012 issued by the Commissioner of Customs should be quashed.- Whether the Petitioners were involved in misdeclaration and undervaluation in the import of goods.- Whether the impugned Order-in-Original and Show Cause Notice were adjudicated in a timely manner.ISSUE-WISE DETAILED ANALYSISThe Court considered the allegations of misdeclaration and undervaluation in the import of goods by the Petitioners. The Directorate of Revenue Intelligence suspected that the Petitioners, along with other entities, were involved in importing goods at undervalued prices to evade customs duty. The Court examined the roles of Mr. Rafique and Mr. Shivinder Singh in the alleged scheme. Mr. Rafique was believed to control multiple firms used for importing goods, while Mr. Shivinder Singh was accused of procuring goods, generating fake invoices, and undervaluing imported goods to evade customs duty.The Court reviewed the impugned Order-in-Original and Show Cause Notice issued by the Commissioner of Customs. The impugned SCN raised demands against the Petitioners, including interest and penalties, based on the alleged misdeclaration and undervaluation. However, the assessing authority did not adjudicate the matter for a significant period, leading to the filing of writ petitions seeking to quash the impugned Order-in-Original and Show Cause Notice.The Court referenced a previous judgment where the same Show Cause Notice and Order-in-Original had been quashed, leading to the conclusion that the impugned Order-in-Original and Show Cause Notice could not be sustained. Consequently, the Court set aside the impugned Order-in-Original and Show Cause Notice, ruling in favor of the Petitioners.SIGNIFICANT HOLDINGSThe Court held that the impugned Order-in-Original dated 26th March, 2024 and the impugned Show Cause Notice dated 20th June, 2012 were quashed based on the previous judgment's findings. The Court's decision was guided by established legal principles, as evidenced by the following excerpt from the judgment: "Thus, following the decisions discussed above, the impugned SCN dated 20th June, 2012 deserves to be quashed and is accordingly set aside. Considering that the impugned SCN which forms the basis for passing of the impugned Order-in-Original dated 26th March, 2024 itself has been set aside, the said impugned Order-in-Original cannot be sustained and would not survive in terms of the settled principles of law."In conclusion, the Court ruled in favor of the Petitioners, setting aside the impugned Order-in-Original and Show Cause Notice. The judgment emphasized the importance of timely adjudication and adherence to legal principles in customs matters.