Commissioner Of Customs, Ahmedabad Vs M/S Suncity Strips And Tubes P Ltd

Supreme Court Of India 20 Jan 2022 Civil Appeal No. Of 2022 (2022) 01 SC CK 0123
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Civil Appeal No. Of 2022

Hon'ble Bench

Dr. D.Y. Chandrachud, J; Bela M. Trivedi, J

Advocates

Aman Lekhi, Harish Pandey, Adit Khorana, Vishakha, Mohammed Akhil, Preeti Rani,, M.K. Maroria, Prateek Gattani, Rajesh Kumar, Varun Mudgil, R.K. Srivastava, Dr. Pratyush Nandan

Final Decision

Dismissed

Acts Referred
  • Customs Act, 1962 - Section 6

Judgement Text

Translate:

1 Delay condoned.

2 In Canon India Private Limited vs Commissioner of Customs AIR 2021 SC169 9[Equivalent to 2021 (376) ELT 3 (S.C.)], a three-Judge Bench of

this Court has held that in the absence of an entrustment under Section 6 of the Customs Act 1962, an officer of the Directorate of Revenue

Intelligence will not have   jurisdiction to exercise the functions entrusted to Customs Officers under the provisions of the Act. As a consequence

of the above elucidation, the Court held that the entire proceeding which was initiated by the Additional Director General of the Directorate of

Revenue Intelligence by issuing show cause notices was invalid.

3 In the present case, the notice to show cause dated 30 October 2013 raising  demands under the Customs Act 1962 was issued by the Additional

Director General of the Directorate of Revenue Intelligence (Zonal Unit, Ahmedabad).

4 In view of the decision of the three-Judge Bench in Canon India Private Limited (supra), the appeal which has been filed by the Commissioner of

Customs in the present case will have to be and is accordingly dismissed.

5 Since the appeal has been dismissed on the above ground, it has not become necessary to express any opinion on the merits of the judgment of the

Custom Excise Service Tax Appellate Tribunal dated 5 August 2019.

6 The appeal is accordingly dismissed.

7 Pending applications, if any, stand disposed of.

From The Blog
Madras High Court to Hear School’s Plea Against State Objection to RSS Camp on Campus
Feb
07
2026

Court News

Madras High Court to Hear School’s Plea Against State Objection to RSS Camp on Campus
Read More
Delhi High Court Quashes Ban on Medical Students’ Inter-College Migration, Calls Rule Arbitrary
Feb
07
2026

Court News

Delhi High Court Quashes Ban on Medical Students’ Inter-College Migration, Calls Rule Arbitrary
Read More