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Customs - Highlights / Catch Notes

Home Highlights March 2022 Year 2022 This

Jurisdiction - proper officer to issue SCN - Undisputedly, the ...


Customs Duty Order Invalid as DRI Officer Lacks Authority to Issue Show Cause Notice; Only Proper Officer Can Do So.

March 17, 2022

Case Laws     Customs     AT

Jurisdiction - proper officer to issue SCN - Undisputedly, the bills of entry in this case were not assessed by the officers of DRI but by the officers of the Custom house. Only that officer who has assessed the Bills of Entry in the first place or his successor in office was “the proper officer‟ who, if he was subjectively satisfied that some duty had escaped assessment, could have issued the SCN. As the SCN has been issued by officer of DRI who is not competent to issue it, the impugned order deciding such an SCN cannot be sustained and needs to be set aside. - AT

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