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Customs - Highlights / Catch Notes

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Petition challenging seizure memorandum, show cause notice ...


Petition against customs seizure, SCN, lookout circular dismissed. SCN valid u/s 28(4). Commissioner is "Proper Officer". Delay grounds rejected.

Case Laws     Customs

July 19, 2024

Petition challenging seizure memorandum, show cause notice (SCN), and lookout notice issued regarding mis-declaration of imported goods dismissed. SCN issued u/s 28(4) read with Sections 124 and 110AA of Customs Act, citing suppression of facts and willful misstatement. Commissioner of Customs qualifies as "Proper Officer" u/s 2(34) to initiate proceedings u/s 28(4). SCN issued within 5-year limitation period u/s 28(4). Lookout notice challenge maintainable only by individual to whom issued. Challenge to seizure memorandum rejected on grounds of laches. Petition unsustainable.

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