Case Details: Commissioner of Customs vs. Knowledge Infrastructure Systems Pvt. Ltd. (2026) 40 Centax 297 (S.C.)
Judiciary and Counsel Details
- Pamidighantam Sri Narasimha & Vijay Bishnoi, JJ.
- S/Shri N Venkataraman, A.S.G., Gurmeet Singh Makker, AOR, Navanjay Mahapatra, Sarthak Karol, Ms Neelakshi Bhadauria, Ms Snehashish Mukherjee, Advs., for the Petitioner.
- S/Shri Gopal Sankaranarayanan, Sr. Adv., Santosh Sachin, AOR, Ms Manali Singhal, Ms Shreya Singhal, Siddharth Venugopal, Vishal Sinha, Deepak Singh Rawat, Advs., for the Respondent.
Facts of the Case
The respondent-assessee had purchased goods on high sea sale basis and further sold the same, and such goods were cleared for home consumption on the basis of provisional assessment under the Customs Act, 1962. The department did not finalize the assessment for a prolonged period due to pendency of investigation by the Directorate of Revenue Intelligence (DRI), resulting in continued withholding of security deposit by the ultimate buyer. In this background, a direction was sought for finalization of assessment, pursuant to which the Single Judge directed the customs authority to finalize the assessment within a stipulated period. The Division Bench upheld the said direction and further extended the time granted for finalization. Aggrieved thereby, the department filed a special leave petition, and the matter was accordingly placed before the Hon’ble Supreme Court.
Supreme Court Held
The Hon’ble Supreme Court held that the delay was condoned and it was not inclined to interfere with the impugned order in exercise of its jurisdiction under Article 136 of the Constitution of India. It observed that no interference was warranted in the order passed by the High Court. Accordingly, the special leave petition was dismissed along with pending interlocutory applications, if any. The question of law was kept open.
List of Cases Reviewed
- Commissioner v. Knowledge Infrastructure Pvt. Ltd. — (2026) 40 Centax 296 (Mad.) — Affirmed [Para 2]
