2018 (11) TMI 537 - HC - Customs

Jurisdiction - power of DRI to issue SCN - Held that - The matter is remitted to the CESTAT which shall proceed to examine and decide the merits of the appeal without being influenced by the decision of this Court in Mangli Impex 2016 (5) TMI 225 - DELHI HIGH COURT - appeal allowed in part.

Summary

Issues:
1. Condonation of delay in filing the appeal.
2. Exemption application.
3. Question of jurisdiction remanded by Customs, Excise & Service Tax Appellate Tribunal (CESTAT) pending Supreme Court appeal.
4. Applicability of previous court order in similar circumstances.

Condonation of Delay:
The High Court condoned a delay of 173 days in filing the appeal based on the reasons mentioned in the application. The delay was deemed justified, and the application was disposed of accordingly.

Exemption Application:
An exemption application was allowed subject to all just exceptions, as per the court's decision.

Question of Jurisdiction Remanded by CESTAT:
The appellant raised a question regarding the justification of CESTAT's decision to remand the matter for adjudication to determine jurisdiction pending a Supreme Court appeal. The Court issued a notice on the matter, and the respondent accepted the notice. Referring to a previous decision, the Court set aside the impugned order and remitted the matter back to CESTAT. The Tribunal was directed to decide the appeal on its merits, including the jurisdiction issue, without being influenced by the previous decision of the High Court. The Court clarified that it did not express any opinion on the merits or procedures to be followed by the Tribunal.

Applicability of Previous Court Order:
The Court's decision in a previous case involving similar circumstances was cited, where the impugned order was set aside, and the Tribunal was directed to decide the appeals on their merits without being influenced by the previous decision. Following this precedent, the current appeal was partly allowed in similar terms, with no opinion expressed on the merits or procedures to be adopted by the Tribunal.