AI TextQuick Glance (AI)Headnote
Certificate of Origin verification dispute and interim restraint on final customs order pending further consideration
Customs authorities' power to question preferential duty claims based on a Certificate of Origin is examined against the treaty-based verification mechanism and the 2009 Rules, including retroactive check and verification visit procedures. The note also considers Section 28DA of the Customs Act, 1962, which preserves the importer's duty of reasonable care and permits further verification consistent with the trade agreement even where a certificate is produced. Pending further consideration, the adjudicating authority is restrained from passing a final order, although other pre-final steps may continue.
Challenged to the show cause notice - rejection of the preferential rates of duties under the Association of Southeast Asian Nations-India Free Treaty Agreement (AIFTA) on the import of copper tubes and pipes - Non- compliance of the condition of the Regional Value Content (RVC) of 35% on the goods - preferential tariff treatment - Certificate of Origin - Regional Value Content - Retroactive check - HELD THAT:- In a challenge to the show cause notice denying preferential duty treatment under AIFTA, the Court issued notice, directed the Union to file an affidavit, and ordered that no final order be passed by the adjudicating authority meanwhile, though antecedent steps may continue.