1999 (2) TMI 154 - AT - Central Excise

Summary

Issues:
- Validity of the show cause notice issuance within the stipulated time limit under Sections 111(d) and 111(p) of the Customs Act, 1962.

Analysis:
The appeal before the Appellate Tribunal CEGAT, New Delhi involved the validity of the show cause notice issuance within the stipulated time limit under Sections 111(d) and 111(p) of the Customs Act, 1962. The case concerned the seizure of goods made in Japan by the Officers of the Customs Range and subsequent confiscation and penalty imposition by the Additional Collector. The Commissioner (Appeals) remanded the matter for de novo adjudication due to lack of discussion on the actual date of service of the notice. The Deputy Commissioner, in the readjudication proceedings, found that the notice was sent within the required time frame but was returned by postal authorities due to the addressee not being available at the given address. The respondents appealed, arguing that the notice was issued after the time limit, leading to the department appealing against this decision.

The department contended that the notice was sent within six months from the date of seizure, relying on legal precedents such as a Kerala High Court case and a decision in the case of Jayantilal Marabhia v. Union of India. These cases emphasized that once the notice is dispatched before the expiry of the six-month period, it should be considered as issued within the time limit. The relevant provision, Section 110(2) of the Customs Act, was examined, which mandated the notice to be given within six months of the goods' seizure. The Tribunal noted that in the present case, the show cause notice was issued on 28-4-1993, well within the six-month period from the seizure date. Relying on the legal interpretations provided by the aforementioned cases, the Tribunal concluded that the notice was indeed issued within the stipulated time frame, contrary to the Commissioner's observation. Consequently, the matter was remanded to the concerned Commissioner for a decision on the merits, directing a proper order after providing the assessee with an opportunity to be heard.

In conclusion, the Appellate Tribunal allowed the appeal by way of remand, emphasizing the importance of adhering to the statutory timelines for issuing show cause notices under the Customs Act, 1962. The decision underscored the significance of legal precedents and statutory provisions in determining the validity of procedural actions in customs-related matters, ensuring a fair and lawful adjudication process.