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Customs - Highlights / Catch Notes

Home Highlights December 2024 Year 2024 This

The High Court quashed the seizure order dated 14.08.2020, ...


Customs seizure quashed for violating procedures, importers get relief.

December 12, 2024

Case Laws     Customs     HC

The High Court quashed the seizure order dated 14.08.2020, holding that it violated Sections 7, 11, 46 and 47 of the Customs Act, 1962 and Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992. The second petitioner had locus standi to challenge the seizure memo along with the first petitioner. The petitioners were not required to exhaust the alternative remedy u/s 128 of the Customs Act, as the seizure memo did not comply with Section 110 by not providing reasons. The contents of the Panchnama could not be read into the seizure memo as per the Notification dated 08.02.2017. The seizing officer failed to disclose minimal reasons in the seizure memo as required u/s 110(1A), (1B), (1C) of the Customs Act. The impugned seizure memo was unsustainable and deserved to be quashed.

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