2018 (12) TMI 737 - HC - Customs

Export of Non-Basmati Rice - prohibition in terms of N/N. 67 dated 23.1.2003 issued under rule 11 of the Export (Quality Control and Inspection) Act 1963 - Held that - The appeal is admitted on substantial questions of law.

Summary

Issues involved:
1. Tribunal's reliance on a decision of Delhi High Court and a notification for upholding confiscation and penalties under the Customs Act, 1962.
2. Whether the Tribunal was justified in not rectifying its order based on the subsequent review of the Delhi High Court's decision.
3. Applicability of a specific notification under the Export (Quality Control and Inspection) Act, 1963.

Analysis:

1. The appellant argued that the Tribunal's decision was based on a Delhi High Court ruling, which was later reviewed in favor of the assessee. The Tribunal upheld the confiscation and penalties under the Customs Act, 1962, citing a notification regarding non-basmati rice export proportions exceeding 20%. The appellant contended that the revenue should have issued a show cause notice if the notification was to be applied, which was not done in this case. The Supreme Court precedent was cited to emphasize the necessity of such notice in disputed cases. The High Court admitted the case for further consideration.

2. The High Court identified two substantial questions of law for consideration. Firstly, whether the Tribunal was justified in upholding the confiscation and penalties under sections 114(1) and 114AA of the Customs Act, 1962. Secondly, whether the Tribunal's reliance on Notification No.67 dated 23.1.2003 under the Export (Quality Control and Inspection) Act, 1963 was valid, especially when it was not specified as a restriction under a specific notification issued by the DGFT. The proposed additional question was included in the first substantial question for comprehensive analysis.

3. The legal arguments centered around the procedural fairness and the correct interpretation of notifications and legal precedents. The case highlighted the importance of due process and the proper application of relevant laws and notifications in customs matters. The High Court's decision to admit the case for consideration indicates a willingness to delve deeper into the issues raised by the appellant regarding the Tribunal's decision and the notifications cited in the case. The outcome of this case could potentially set a precedent for similar cases involving conflicting legal interpretations and procedural aspects in customs matters.