2018 (4) TMI 686 - HC - Customs

Provisional release of goods - Jurisdiction - Held that - Merely because a point of jurisdiction is raised by the Petitioner, does not mean that the Competent Authority is automatically denuded of its power and Authority in law to adjudicate the show cause notice - All that would happen is that he will be obliged to render a finding on this preliminary objection of jurisdiction. If the Revenue is unable to adjudicate the show cause notice and pass the order within a period of four weeks from today, then, the Revenue shall consider the request of the Petitioners for provisional release of the goods, no separate application would be necessary for that purpose. Petition disposed off.

Summary

Issues:
1. Provisional release of goods
2. Challenge to the issuance of show cause notice
3. Jurisdiction of the Competent Authority

Analysis:
1. The court deliberated on the issue of provisional release of goods covered by two Bills of Entry. The Petitioner sought the release of goods, but the Revenue was not inclined to do so. The court emphasized that if the Revenue fails to adjudicate the show cause notice within four weeks, the Petitioners can request provisional release without filing a separate application.

2. The challenge to the issuance of the show cause notice was raised by the Petitioner, contending that it was issued without jurisdiction. The court clarified that questioning jurisdiction does not automatically strip the Competent Authority of its power to adjudicate the notice. The court kept all contentions open, stating that the Competent Authority would need to address the jurisdictional issue before proceeding further.

3. The court addressed the jurisdiction of the Competent Authority in deciding the matter. It highlighted that if the show cause notice is not adjudicated within four weeks, the Petitioners can apply for provisional release, which will be treated as part of the Writ Petition. The court clarified that it did not express any opinion on jurisdiction or merits, leaving the decision pending until the show cause notice is resolved.

In conclusion, the Writ Petition was disposed of with the clarification that the Petitioners could seek provisional release if the show cause notice was not adjudicated within the specified timeframe. The judgment did not impose any costs on either party.