VidhiSangh

Supreme Court of India · 07/11/2024

COMMISSIONER OF CUSTOMS versus M/S CANON INDIA PVT. LTD.

[2024] 12 S.C.R. 202 · 2024 INSC 854

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Summary

Allowing the Customs Department's review of Canon India (2021) on the question of jurisdiction, the Supreme Court held that DRI officers are officers of customs appointed under Section 4 who, once assigned proper-officer functions (as by Notification 44/2011), may issue show cause notices under Section 28 of the Customs Act, 1962; no Section 6 entrustment is needed and Section 28 is not tied to the officer who assessed under Section 17. It upheld Section 28(11), set aside the Delhi High Court's Mangali Impex ruling, and upheld Section 97 of the Finance Act, 2022, leaving Canon India's limitation findings undisturbed.

Issues

  1. Whether Canon India suffered from an error apparent on the face of the record warranting review.
  2. Whether DRI officers are proper officers competent to issue show cause notices under Section 28, and whether entrustment by the Central Government under Section 6 was required.
  3. Whether the power under Section 28 can be exercised only by the proper officer who assessed or could assess the goods under Section 17, and what 'the proper officer' in Section 28 means.
  4. Whether proceedings under Section 28 are an administrative review or quasi-judicial in nature.
  5. Whether Section 28(11), inserted by the Customs (Amendment and Validation) Act, 2011, is valid and extends to the period before 08.04.2011 despite Explanation 2 to Section 28.
  6. Whether Section 97 of the Finance Act, 2022, retrospectively validating actions under the Customs Act, is unconstitutional.

Provisions considered

Held

Result

Review Petitions 400 to 403 of 2021 allowed on the jurisdiction issue only, Canon India's limitation findings left intact; Mangali Impex set aside and Sunil Gupta approved; Section 28(11) and Section 97 of the Finance Act, 2022 upheld; DRI, Customs (Preventive), DGCEI and Central Excise officers held proper officers for Section 28; pending matters to be disposed of accordingly, with notices restored for adjudication or eight weeks allowed to appeal to CESTAT as directed; connected matters to be listed before the appropriate Bench.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 202.