VidhiSangh

Supreme Court of India · 20/08/2025

ADDITIONAL DIRECTOR GENERAL ADJUDICATION, DIRECTORATE OF REVENUE INTELLIGENCE versus SURESH KUMAR AND CO. IMPEX PVT. LTD. & ORS.

[2025] 8 S.C.R. 2368 · 2025 INSC 1050

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Summary

CESTAT set aside a customs duty demand founded on computer printouts taken from the importers' seized devices because no certificate under Section 138C(4) of the Customs Act, 1962 accompanied them. The Supreme Court held that Section 138C(4) is pari materia with Section 65B(4) of the Evidence Act and, following Arjun Panditrao Khotkar, that due compliance depends on the facts: records of proceedings signed by the importers' directors and accountants recording the printouts taken in their presence, together with unretracted Section 108 statements acknowledging them, amounted to due compliance even without a certificate stricto sensu. The Tribunal's order was set aside and the appeals remanded for rehearing on other grounds.

Issues

  1. Whether the Tribunal erred in holding the computer printouts recovered from the respondents' electronic devices inadmissible for non-compliance with Section 138C(4) of the Customs Act, 1962.
  2. Whether records of proceedings signed by the respondents and their statements under Section 108 acknowledging the printouts amount to due compliance with Section 138C(4).

Provisions considered

Held

Result

Appeals partly allowed; CESTAT judgment dated 17.04.2018 set aside; assessees' appeals restored to the Tribunal's file to be reheard on grounds other than Section 138C(4) of the Customs Act, 1962, on their own merits; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 2368.