VidhiSangh

Supreme Court of India · 09/03/2021

M/S CANON INDIA PRIVATE LIMITED versus COMMISSIONER OF CUSTOMS

[2021] 3 S.C.R. 776 · 2021 INSC 169

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Summary

In this 2021 decision, the Supreme Court set aside customs recovery proceedings initiated by the Additional Director General of DRI after cameras had been assessed and cleared by the customs appraisal authority. It construed Section 28(4) as requiring action by the proper assessing authority or its authorised successor and found the relied-on assignment notification insufficient. Independently, full disclosure of camera specifications and a requested first check defeated the alleged suppression needed for extended limitation. Actual exemption eligibility was left undecided.

Issues

  1. Whether the DRI officer could initiate the challenged duty recovery after assessment by the appraisal authority.
  2. Whether disclosure of specifications excluded wilful misstatement or suppression for extended limitation.

Provisions considered

Held

Result

Appeals allowed; CESTAT order and impugned demand notices set aside. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 776.