2012 (8) TMI 252 - AT - Customs

Challenge the Show Cause Notice as issued without jurisdiction and authority - Held that - The final impugned order has been passed without addressing the question of jurisdiction, is an order which is not sustainable, under the statute. The impugned order is set aside and all the appeals are allowed by way of remand to the adjudicating authority to reconsider the issue afresh.

Summary

Issues: Jurisdiction of the adjudicating authority in hearing and disposing of the matter regarding a Show Cause Notice issued by the Directorate of Revenue Intelligence.

Analysis:
1. The Appellate Tribunal, after considering the Stay Petitions filed by various assessees, including M/s Sunshine Overseas, found that the issue at hand was narrow and the appeals could be disposed of without the pre-deposit requirement.

2. The Show Cause Notice in question was issued by the Directorate of Revenue Intelligence, and the appellant raised three questions of jurisdiction before the adjudicating authority.

3. The appellant argued that the adjudicating authority conducting the proceedings lacked jurisdiction as the Show Cause Notice was answerable to the Commissioner of Customs, Ahmedabad, and specific notifications under the Customs Act were not issued for conducting adjudication. Additionally, the DRI Zonal unit, Ahmedabad, issuing the notice was not empowered, and permission from the Development Commissioner was necessary as per circulars.

4. Despite the appellant's jurisdictional pleas, the adjudicating authority did not address them. The appellant referred to a previous order remanding a similar case for jurisdictional questions and cited a High Court ruling emphasizing that jurisdictional issues must be decided first.

5. The Tribunal noted that the appellant had consistently challenged the jurisdiction of the adjudicating authority regarding the Show Cause Notice.

6. It was observed that the jurisdictional aspect was not addressed by the adjudicating authority in the impugned order, and no notification appointing the authority to handle matters from the Show Cause Notice was presented.

7. Consequently, the Tribunal held that the impugned order, lacking a jurisdictional determination, was unsustainable under the law. The order was set aside, and all appeals were remanded to the adjudicating authority for a fresh consideration following principles of natural justice. The Tribunal clarified that no opinion on the case's merits was given, leaving all issues open for reconsideration.

8. Ultimately, the appeals were allowed by way of remand, directing the adjudicating authority to reevaluate the matter with proper consideration of jurisdiction and adherence to natural justice principles.