2025 (5) TMI 2233 - HC - Customs

Service by e-mail under the Customs Act: review petition dismissed for delay and on merits

Validity of service by e-mail under the Customs Act and admissibility of electronic evidence were considered alongside the interplay between government ... Validity of service by e-mail under the Customs Act - admissibility of electronic evidence u/s 65B of the Evidence Act - relation between Government e-mail policy and statutory mode of service - limitation for issuance of show cause notice u/s 110(2) - HELD THAT:- It is noted that even after the counter affidavit was filed, the Petitioner did not seek time to file any reply to the Show Cause Notice and continued to challenge the service of the email itself. Hence, there is no ground for considering the review petition. It is also noted that there is a delay of 200 days in filing the present review petition. The Court has perused the reasons provided for the said delay. Even on delay, the Court is not satisfied with the reasons mentioned in the application. The review petition is, accordingly, dismissed on delay and on merits. Issues: Whether the review petition challenging service of the Show Cause Notice by email and seeking recall of the order dated 27.08.2024 is maintainable on merits and whether delay in filing the review petition is excusable.Analysis: The Court examined (i) whether service of the Show Cause Notice by email to the address given by the petitioner satisfied statutory requirements under the Customs Act and whether non-compliance with the Government's e-mail Policy invalidated service; (ii) the authenticity and admissibility of electronic records in support of service including relevance of Section 65B of the Indian Evidence Act; and (iii) whether the review petition was barred by inordinate delay and whether sufficient reasons for delay were furnished. The Court noted that the email address used for service was the petitioner's own address recorded in her statement and that the statutory amendment permitting email service does not restrict service to government-provided email services; therefore the Government e-mail Policy does not override the statutory provision. The Court also found that the petitioner had earlier denied the email but subsequently accepted it; the petitioner's own electronic screenshot evidence was unreliable and not properly supported under Section 65B. On limitation, the Court found a delay of 200 days in filing the review petition and was not satisfied with the reasons offered for the delay.Conclusion: The review petition is dismissed on both delay and merits. The challenge to service by email fails and the petitioner has not established grounds warranting recall or review of the order dated 27.08.2024.