2019 (4) TMI 653 - HC - Customs

Jurisdiction - power to issue SCN - Undervaluation of imported goods - evasion of customs duty - Held that - The similar matter came up before this Court in COMMISSIONER OF CUSTOMS, LUDHIANA VERSUS M/S TL VERMA AND CO. 2018 (9) TMI 1152 - PUNJAB AND HARYANA HIGH COURT , wherein this Court while allowing the appeal remitted the matter back to the Tribunal to decide the same on merits after the decision of the Supreme Court in Mangali Impex Limited s case 2016 (8) TMI 1181 - SUPREME COURT . The matter is remitted back to the Tribunal to decide the same on merits.

Summary

Issues: Delay in refiling appeal, Appeal under Section 130(1) of Customs Act, 1962, Setting aside Commissioner's order, Remitting matter back to Adjudicating Authority, Undervaluation of imported goods, Evasion of customs duty, Confirmed demand and penalties, Previous judgment on similar matter, Remitting matter back to Tribunal, Decision on merits after Supreme Court decision.

In this judgment by the Punjab and Haryana High Court, the delay of 248 days in refiling the appeal was condoned. The appeal was filed by the revenue under Section 130(1) of the Customs Act, 1962 against the order passed by the Customs, Excise and Service Tax Appellate Tribunal setting aside the Commissioner's order and remitting the matter back to the Adjudicating Authority for a fresh decision. The case involved searches conducted by the DRI on the premises of a company suspected of evading customs duty on imported goods such as glass sheets, mirrors, and blocks. Documents and emails were recovered during the search, and a consignment of float glass was seized. A show cause notice was issued for undervaluation of goods, leading to penalties imposed by the Adjudicating Authority, which were challenged in appeals before the Tribunal. The Tribunal remanded the matter back for a fresh decision after the Supreme Court's decision in a related case.

The High Court noted a previous judgment on a similar matter where the Court remitted the case back to the Tribunal for a decision on merits after the Supreme Court's decision in another case. Following this precedent, the High Court allowed the present appeal, setting aside the Tribunal's order and remitting the matter back to the Tribunal for a decision on merits post the Supreme Court's decision. The assessee was granted liberty to move an application before the Court if aggrieved by the order passed, ensuring a fair opportunity for further recourse. The judgment provided a clear legal framework for handling cases involving undervaluation of imported goods and evasion of customs duty, emphasizing the importance of decisions based on relevant legal precedents and Supreme Court rulings.