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of <h1>Court Validates CAA Appointment & Customs Circular</h1> <h3>M/s. Kiran Global Chem Ltd. Versus The Commissioner of Customs, The Director General, Directorate of Revenue Intelligence, The Additional Director General (Adjudication) Directorate of Revenue Intelligence</h3> M/s. Kiran Global Chem Ltd. Versus The Commissioner of Customs, The Director General, Directorate of Revenue Intelligence, The Additional Director General ... Issues:Challenge to appointment of Common Adjudicating Authority (CAA) by Deputy Director, Jurisdiction of Principal Director General of Directorate General of Revenue Intelligence, Validity of Circular No.18/2015-cus, Challenge to show cause notice, Jurisdiction of Deputy Director of DRI, Interpretation of Notification No.40 of 2012-Customs (N.T.), Comparison with Kolkata High Court decision in Navneet Kumar case.Analysis:1. Challenge to Appointment of CAA: The petitioner challenged the appointment of a Common Adjudicating Authority (CAA) by the Deputy Director, claiming it to be without jurisdiction. The Deputy Director appointed the Additional Director General (Adjudication), DRI-Mumbai, as the CAA based on guidelines issued by CBEC. The petitioner argued that the appointment was invalid, but the court found the appointment to be in line with the guidelines and dismissed the challenge.2. Jurisdiction of Principal Director General: The notification delegated powers to the Principal Director General of Directorate General of Revenue Intelligence to appoint officers for adjudication of cases investigated by DRI. The petitioner contended that this delegation was improper. However, the court clarified that the notification did not delegate CBEC's powers but allowed the Principal DG to exercise them. The court upheld the validity of the notification and guidelines issued for the appointment of CAA.3. Validity of Circular No.18/2015-cus: Circular No.18/2015-cus provided guidelines for the appointment of CAA in cases involving duty of Rs. 5 Crores and above. The court emphasized that these guidelines aimed at expediting decision-making and benefiting trade and revenue. Since the petitioner's cases fell within this category, the appointment of ADG (Adjudication), DRI-Mumbai, as CAA was deemed appropriate.4. Challenge to Show Cause Notice: The petitioner questioned the jurisdiction of the show cause notice issued by the Deputy Director. The court noted that the notice sought confiscation under specific sections of the Customs Act, indicating jurisdiction. Although the petitioner raised objections, the court refrained from delving further into the issue as the notice itself was not challenged.5. Jurisdiction of Deputy Director of DRI: The petitioner argued that the Deputy Director's rank was higher than that required for issuing the show cause notice. However, the court clarified that the Deputy Director was authorized to act as a proper officer under relevant sections of the Customs Act, dismissing the jurisdictional challenge.6. Interpretation of Notification No.40 of 2012-Customs (N.T.): The petitioner referenced Notification No.40 of 2012 to challenge the show cause notice's jurisdiction. The court explained that the notification empowered certain officers to perform duties under specific sections of the Customs Act, rejecting the petitioner's interpretation that limited the officers' powers.7. Comparison with Kolkata High Court Decision: The petitioner cited a Kolkata High Court decision regarding a similar challenge to a show cause notice. However, the court distinguished the present case as the petitioner did not challenge the notice itself, unlike the case in Kolkata. The court highlighted the differences in the legal arguments presented.In conclusion, the court dismissed the writ petition, upholding the appointment of the CAA and the validity of the notifications and guidelines issued by the CBEC. The court emphasized adherence to the established procedures and guidelines in adjudicating customs cases, ensuring expeditious resolution and upholding the interests of trade and revenue.
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