Guidelines for conduct of personal hearings in virtual mode under Customs Act, 1962 - Customs - PUBLIC NOTICE No. 33/2020

OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS, AIR CARGO COMPLEX (IMPORT) NEW CUSTOMS HOUSE NEAR IGI AIRPORT NEW DELHI-110037 C. No. VIII(12) Import/Tech/PN/06/2020 Date: - 28.04.2020 PUBLIC NOTICE No. 33/2020 Subject: Guidelines for conduct of personal hearings in virtual mode under Customs Act, 1962 -reg. Attention of the importers, Customs Brokers and all other stakeholders is invited to the instructions dated 27.04.2020 issued by CBIC vide F.No.390/Misc/3/2019-JC on the captioned subject. 2. While ensuring compliance with various guidelines and instructions issued by the Government and public health authorities 10 adopt measures to ensure social distancing. reduced physical presence. use modern information and communication technology and change conventional mode of work with a view to contain the spread of COVID-19. it has been decided that personal hearing, in respect of any proceeding under Customs Act 1962. given by original adjudicating authorities may be conducted through video conferencing facility. 3. Broad guidelines to conduct such virtual hearing are being provided so that ongoing Customs work of adjudication are completed expeditiously for quick delivery of justice through quasi-judicial proceedings and in compliance of overall directions given by Hon'ble Supreme Court under Article 142 of the Constitution of India (Suo moto Writ (Civil) No. 5/2020 refers). This would also facilitate importers, advocates, tax practitioners and authorized representatives to maintain social distancing while performing their work at ease. from a place of their choice. 4. The guidelines for the conduct of virtual mode of personal hearing through video conferencing facility are as under: (i) In any proceedings before adjudicating authority under the Customs Act. 1962. the Importer/party 'notice shall give his consent to avail the personal hearing before such authority, through video conferencing facility immediately after the issue or this instruction, in the case of pending adjudication matter. He should also indicate his email address for correspondence etc. (ii) The date and time of hearing along a link for the video conference shall be informed in advance to the importer/party/ notice/ their authorised representative through the official email or electronic media of the adjudicating authority, giving the details of officer in - charge Who would provide assistance to them, for conducting the virtual hearing. This link should not be shared With any other person without the approval of the adjudicating authority. (iii) The advocate/ consultant/ authorized representative. appearing on behalf of the importer/party/ notice. in virtual hearing. should tile his vakalatnama or authorization letter along with a copy of his photo ID card and contact details to the adjudicating authority through official e-mail address of the concerned authority after scanning the same. All persons participating in the video conference should be appropriately dressed and maintain the decorum required such an occasion. (iv) Virtual hearing through video conference shall be held from the office of adjudicating authority or any official video conference facility set up in the office of the adjudicating authority. (v) The virtual hearing through video conference will be conducted through available applications like V ID YO, or other secured computer network. The importer/party/ notice should download such application in their computer system/ laptop/ mobile phone beforehand for ready connectivity during virtual hearing. and join the video conference at the time allotted to them, as given in point (ii) above. (vi) In case where the importer/party/ notice/their authorised representative wishes to participate in the virtual hearing proceeding along with their advocate, they should do so under proper intimation to the adjudicating authority as mentioned al point (ii) above They may participate in virtual hearing along their advocate/ authorized representative or join the proceedings from their own office. (vii) The submissions made by the importer/party/notice/their authorised representative through the video conference will be reduced in writing and a statement of' the same will be prepared. which shall be known as record of personal hearing . A soft copy of such record of personal hearing in PDF format will be sent to the importer/party/ notice/their authorised representative through email ID provided by the importer/party/ notice/ their authorised representative within one day of such hearing. (viii) If. the importer/party/ notice 'their authorised representative wants to modify the contents of e-mailed record of personal hearing. they can do so and sign the modified record, scan and send hack the signed record of personal hearing to the adjudicating authority. (ix) If, however, the importer/party/ notice; their authorised representative do not resend the above e-mailed record of personal hearing within 3 days of receipt of such e-mail as at point (viii) above, it will be presumed that they agree with the contents of e-mailed record of personal hearing and a4iudicating authority will proceed to decide the ease accordingly. No modification in e-mailed record of personal hearing will he entertained after 3 days of its receipt by the importer/party/notice (their authorised representative.The date of receipt of the email by the adjudicating authority will not he counted for this purpose. (x) The record of personal hearing submitted in this manner shall he deemed to be document for the purpose of Customs Act, 1962 in terms of section 138C of the said Act, read with Section 4 of the Information Technology Act, 2000. (xi) If the importer/party/ notice / their authorised representative prefers to submit any document including additional submissions during the virtual hearing, he may do so by self-attesting such document and a scanned copy of the same may be emailed to the adjudicating authority immediately after virtual hearing and in no ease after 3 days of virtual hearing. The date of the hearing will be excluded for this purpose. 5. All the trade association/ members of Customs Brokers Association are requested to take note and publicize the contents of this Public Notice among their member/ constituents. 6. For the departmental officers, this may be treated as Standing Order. 7. Difficulties, if any, may he brought to the notice or Joint Commissioner of Customs (Adjudication). ACC Import, Nev. Customs House. New Delhi. This issues with the approval of the Principal Commissioner of Customs, ACC (Import). (Nagendra Yadav) Additional Commissioner of Customs (ACC-Import)