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of <h1>Officers Empowered: DRI Show Cause Notices Validated, Response Timelines Set, Prior Contentions Preserved</h1> <h3>M/s Apollo Cranes Pvt. Ltd. ; Sandeep Organics Pvt. Ltd. ; Chandra Prakash Jain; Doshi Brothers Marketing (P) Ltd. ; Anand Aggarwal; Rajan Sarang; M/s Seema Intermet (P) Ltd. ; Gaurav Vinod Kumar Goel; Vinodkumar Madanlal Goel; Sandipbhai Bhingardiya; Pragnesh Gandhi Versus Union of India and Anr.</h3> HC upheld SC ruling validating DRI officers' authority to issue show cause notices. Court granted six weeks to respond to notices and eight weeks to file ... Jurisdiction - power of DRI to issue SCN - HELD THAT:- The Hon’ble Supreme Court in Review Petition in Canon India Private Limited [2024 (11) TMI 391 - SUPREME COURT (LB)] held that DRI officer is a proper officer for issuing show cause notice. The Supreme Court also upheld the Validation Act by which amendment, the DRI officers were empowered to issue show cause notice. However, the Hon’ble Supreme Court has issued a direction to grant the parties time to file a reply or appeal as the case may be and to dispose of the show cause notice or the appeal against the order within the timelines to be specified. Petition disposed off. The Bombay High Court, referencing the Supreme Court's decision in Commissioner of Customs Vs. Canon India Private Limited (Civil Appeal No. 1827 of 2018) and its subsequent review disposal dated 07 November 2024, addressed multiple writ petitions challenging show cause notices and original orders issued by DRI officers. The Supreme Court clarified that DRI officers are 'proper officer[s] for issuing show cause notice' and upheld the Validation Act empowering them accordingly, while directing that parties be granted opportunity to file replies or appeals.Accordingly, the High Court declined to interfere with the impugned show cause notices and original orders but granted:- Six weeks to respond to show cause notices;- Eight weeks to file appeals against original orders;The Court mandated that such replies or appeals 'should be disposed of on merits without adverting to the issue of limitation.' All other contentions remain open except those conclusively decided by the Supreme Court's order. Interim orders and applications were vacated or disposed of, and no costs were awarded.
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