2017 (6) TMI 1092 - AT - Customs

Jurisdiction - power of Directorate of Revenue Intelligence (DRI) to issue SCN - Held that - similar issue has come up before this Tribunal on many earlier occasions also. The Tribunal remanded the cases to the original adjudicating authority - appeal allowed by way of remand.

Summary

Issues: Jurisdiction of DRI officers to issue show cause notice under Customs Act.

The judgment pertains to appeals against an order dated 25/02/2011 where both sides agreed that the notice was issued by DRI, leading to the impugned order. The Tribunal noted that similar issues have been addressed in various cases and cited a specific case where the jurisdiction of DRI officers to issue show cause notices was challenged. The appellant argued that DRI officers were not proper officers under the Customs Act based on a Supreme Court decision. The Tribunal observed that subsequent amendments and notifications were made to address this issue, appointing the Additional Director General, DRI as a 'proper officer' from July 6, 2011. However, conflicting decisions from different High Courts led to the matter reaching the Supreme Court, which stayed the Delhi High Court's judgment. The Tribunal, following the Delhi High Court's decision in another case, set aside the impugned order and remanded the matter to the original adjudicating authority to decide the jurisdiction issue after the Supreme Court's decision in the specific case and then proceed on the merits, ensuring the assessee's right to be heard. The status quo was to be maintained until a final decision was reached, and the appeals were allowed by way of remand.

In line with the above decision, the Tribunal remanded the matters for a fresh decision, considering the jurisdiction of DRI officers to issue show cause notices under the Customs Act.