The issues raised in SCN being time barred left open to be decided by the respondent


Quick Summary
The Delhi High Court has addressed a petition challenging a Show Cause Notice (SCN) issued by the Commissioner of Customs (Export) and DRI. The petitioner argued that the SCN was time-barred and that the issuing authority lacked the necessary jurisdiction. The court noted the petitioner's reliance on previous case law supporting their arguments.

Court :
Delhi High Court

Brief :
This petition has been preferred with the following prayers:- W.P.(C) 842/2021

Citation :
W.P.(C)-842/2021

IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision : 21st January, 2021

W.P.(C) 842/2021 & CM APPL.2146/2021 (exemption)
M/S NEW ERA TRADING PVT LTD ..... Petitioner
Through: Mr.Prem Rajan with Mr.Himanshu
Kaushik, Advocates.

versus

THE COMMISSIONER OF CUSTOMS EXPORT
& ANR. ..... Respondents
Through: Mr.Arunesh Sharma, Advocate for
Mr.Harpreet Singh, SSC for R-1.
Ms.Akanksha Mehra, Advocate for Mr.Aditya
Singh, Standing Counsel for R-2/DRI.

CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH

JUDGMENT

D. N. PATEL, Chief Justice (Oral)

CM APPL.2146/2021 (exemption)

Allowed, subject to just exceptions.
The application is disposed of.

W.P.(C) 842/2021

1. This petition has been preferred with the following prayers:- W.P.(C) 842/2021

“(a) To issue a writ of Certiorari quashing the show cause notice dated 24.01.2020 issued under DRI/AZU/CI/ENQ39/(INT-25/2016)/6825/ being time barred as per provisions of Section 28 of the Custom Act,1962; and/ or

(b) such other appropriate writ, order or direction as this Hon'ble Court may deem fit may also be issued.” (emphasis supplied)

2. Learned counsel appearing for the petitioner has taken this court to the show cause notice dated 24.01.2020, issued by respondent No.2, which  is Annexure A-1

3. Learned counsel appearing for the petitioner has relied upon State ofPunjab v. Bhatinda District Co-op. Milk P. Union Ltd.; 2007 (217) E.L.T.325 (S.C.), Madina (UZ) Impex v. Union of India; 2019 (368) E.L.T. 555(Del.) and Famina Knit Fabs v. Union of India; 2020 (371) E.L.T. 97 (P &H) and submits that the question of the SCN being time barred be decided by this Court at the threshold. to the memo of this writ petition. It is contended by learned counsel that (a) show cause notice (SCN) issued by respondent No.2 isbarred by time and (b) Respondent No.2 does not have the power, jurisdiction and authority to issue the aforementioned SCN. Moreover, learned counsel submits that the grievance ventilated in the present petition is covered by various decisions of the Hon’ble Supreme Court and this Court and other High Courts in favour of the petitioner. 

To know more in details find the attachment file

FAQ :

The main issue was whether a Show Cause Notice (SCN) issued by the respondent was time-barred and if the issuing authority had the proper jurisdiction.

The petitioner was M/S New Era Trading Pvt Ltd.

The petitioner requested a writ of Certiorari to quash the Show Cause Notice, arguing it was time-barred.

The judgement indicates that the issues raised regarding the SCN being time-barred were left open to be decided by the respondent.

Section 28 of the Customs Act, 1962, was mentioned in relation to the SCN being time-barred.

 

Guest
Published in LAW
Views : 199
downloaded 214 times

Comments




CCI Pro



Company
ARTICLESHIP 17 July 2026
Article Assistant and B.com pass

BANSAL YOGESH AND CO

Gautam Budh Nagar

B.Com

View Details
Company
16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT , CA SemiQualifie

Vakilsearch.com

Chennai

CA Inter

View Details
Company
29 July 2026
ACCOUNTANT

ONESTEP GST SOLUTION

New Delhi

B.Com

View Details
Company
20 July 2026
Senior GST Executive

Chandak Agarwal & Co

Mumbai

Graduate (Any)

View Details
Company
23 July 2026
Senior Accountant

Felicity Adobe LLP

Bengaluru

CA Inter

View Details
Company
Featured 16 July 2026
Semi Qualified Company Secretary

Vakilsearch.com

Chennai

CS

View Details
Company
ARTICLESHIP 15 July 2026
CA Articles

Kinjal H Shah & Co.

Mumbai

CA Foundation

View Details
Company
23 July 2026
CA Inter

Vikram Jadhav and Company

Pune

CA Inter

View Details
Follow