Case Details: Prabhat Fertilizer & Chemical Works Versus Commissioner of Customs (Import) (2025) 27 Centax 142 (P&H.)
Judiciary and Counsel Details
- Jaswant Singh & Sant Parkash, JJ.
- Shri Naveen Bindal, Adv. for the Petitioner.
- Shri Sourabh Goel, Sr. Standing Counsel for the Respondent.
Facts of the Case
The petitioner, a partnership firm engaged in the manufacture of fertilizers, along with its partners, imported Zinc Skimming/Ash. The Directorate of Revenue Intelligence (DRI) initiated an investigation into the alleged misdeclaration of the import value, leading to the issuance of a Show Cause Notice (SCN) under Section 28 of the Customs Act, 1962. However, despite the lapse of twelve years, no adjudication was conducted. Aggrieved by this prolonged inaction, the petitioner approached the High Court, seeking quashing of the SCN on the ground that the extended delay rendered the proceedings legally untenable.
High Court Held
The Hon’ble High Court held that the non-adjudication of the Show Cause Notice for an excessive period was in violation of Section 28(9) of the Customs Act, 1962, which mandates adjudication within a prescribed timeframe. The court ruled that the prolonged inaction deprived the proceedings of legal sustainability. Accordingly, the SCN was quashed, and the petition was allowed in favour of the assessee.
List of Cases Cited
- Harkaran Dass Vedpal v. Union of India — 2019 (368) E.L.T. 546 (P & H) — Followed [Paras 6, 7, 8]
