2025 (11) TMI 883 - SCH - Customs

Appeal allowed; lower forum erred in relegating appellant, seven-year delayed show-cause cum demand notice quashed for delay and laches

M/s. S.J.S. International, (Intentional) And Anr. and Century Knitters (India) Ltd. & Ors. Versus Union of India And Anr.

SC held the HC erred in relegating the appellant to an alternative remedy and should have considered the writ in light of SC precedent on delay and ... Time limitation - SCN issued after seven years - High Court did not follow the order of this Court and instead relegated the appellant(s) to the alternative remedy - HELD THAT:- It is found that the High Court ought to have considered the writ petition in light of the judgment of this Court in M/s Raghav International & Anr. [2023 (10) TMI 1430 - SC ORDER] wherein the belated demand notice had been quashed on the ground of delay and laches as the show cause notices in the aforesaid case were issued six to ten years after the exports had been made and in the instant case, the show cause notice has been issued nearly seven years after the Assessment Year. It is found that the issuance of the show cause notice is hit by the principle of delay and laches as it is beyond the reasonable period that could be contemplated in law. Following the order of this Court in M/s Raghav International & Anr. the impugned order is set aside and this appeal is allowed by quashing show cause cum demand notice dated 05.06.2021 and order in original dated 23.01.2024. Appeal disposed off. ISSUES PRESENTED AND CONSIDERED 1. Whether a belated show cause cum demand notice issued nearly seven years after the relevant assessment year is vitiated by delay and laches such that it should be quashed. 2. Whether a High Court, in exercise of writ jurisdiction under Article 226, should refuse to entertain a challenge to a demand notice and order in original on the ground that an alternative statutory appellate remedy exists, when the challenge is grounded primarily on delay and laches. 3. Whether the earlier order of this Court in the referred matter concerning quashing of belated notices (on grounds of delay and laches) is applicable and binding in the present facts, and if so, whether the High Court ought to have followed it. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Delay and Laches vitiating a belated show cause cum demand notice Legal framework: Administrative and tax proceedings are subject to the equitable doctrine of delay and laches where undue delay in initiating proceedings undermines fairness and the legitimacy of the demand; a show cause notice must be issued within a reasonable time so as not to render enforcement arbitrary or oppressive. Precedent Treatment: The Court followed the principle applied in the earlier decision where belated show cause notices issued six to ten years after the relevant transactions were quashed on the ground of delay and laches. That precedent was treated as directly applicable rather than distinguished or overruled. Interpretation and reasoning: The Court examined the temporal gap between the assessment year and issuance of the impugned show cause notice - nearly seven years - and considered whether such delay exceeded what could reasonably be contemplated in law. The Court found that issuance after such a prolonged period undermines the fairness of prosecuting the demand and falls within the proscription of delay and laches. The Court reasoned that where the factual matrix mirrors the earlier case in which belated notices were quashed, principles of equity and consistency require similar relief. Ratio vs. Obiter: The holding that issuance of a show cause notice nearly seven years after the assessment year is vitiated by delay and laches is expressed as the operative ratio in the appeal. Observations repeating the general equitable doctrine of laches are consequential but the concrete application to the seven-year delay constitutes the binding decision in the present matter. Conclusions: The show cause cum demand notice dated 05.06.2021 and the order in original dated 23.01.2024 were quashed on the ground that issuance was hit by delay and laches and was beyond a reasonable period. Issue 2 - Writ Jurisdiction versus Alternative Statutory Remedy when delay and laches is invoked Legal framework: High Courts exercising writ jurisdiction may decline to interfere where a statutory alternative remedy is available, absent exceptional circumstances; however, writ relief remains appropriate where fundamental rights or exceptional equities (such as gross delay and laches) warrant immediate intervention. Precedent Treatment: The Court applied prior jurisprudence affording deference to appellate remedies but recognized established exceptions permitting writ relief where an impugned action is vitiated by delay and laches. The earlier decision relied upon provided the contextual exception. Interpretation and reasoning: The High Court had declined relief on the ground that an alternative remedy existed and directed the appellants to approach the appellate authority. The Supreme Court held that this approach was inappropriate in the peculiar facts because the challenge was not to be adjudicated solely on merits but was grounded in the equity-based objection of delay and laches. Where delay is so pronounced and directly comparable to facts in the prior authoritative decision, the availability of an alternative remedy does not automatically bar writ intervention. The Court reasoned that relegation to an alternative remedy would defeat the very equitable protection the doctrine of laches is intended to secure. Ratio vs. Obiter: The proposition that the existence of an alternative statutory remedy does not preclude writ relief where exceptional equities (notably, inordinate delay and laches) are present is treated as part of the operative reasoning (ratio) applied to the facts; general statements about the scope of Article 226 remain explanatory. Conclusions: The High Court ought to have exercised its writ jurisdiction to examine and grant relief against the delayed show cause notice; its refusal to do so and direction to pursue statutory remedies was set aside insofar as it prevented equitable adjudication on delay and laches. Issue 3 - Application and binding effect of the prior decision on quashing belated notices Legal framework: Consistency with prior decisions of this Court is a fundamental principle; where a prior decision addresses materially similar facts and establishes a legal principle, lower courts and subsequent benches are bound to follow it unless distinguishable. Precedent Treatment: The Court explicitly treated the earlier order as controlling and followed it. The earlier order, which quashed notices issued six to ten years after transactions, was applied to the instant fact pattern where issuance occurred nearly seven years after the assessment year. Interpretation and reasoning: The Court compared factual timelines and the nature of the objection (delay and laches) and found parity with the precedent. Given that both the prior decision and present matter involved significantly belated initiation of proceedings, the Court concluded that the same equitable relief was warranted. The High Court's failure to follow the prior decision was identified as an error of law in its exercise of discretion under writ jurisdiction. Ratio vs. Obiter: Application of the earlier decision to quash the impugned notices is the dispositive ratio in this appeal. Remarks on stare decisis and the impermissibility of deviating from the precedent without distinction are supporting but integral to the decision. Conclusions: The prior decision was followed; accordingly, the impugned show cause cum demand notice and the order in original were quashed in line with established precedent. Order and Disposition The Court set aside the impugned order of the High Court insofar as it refused to quash the show cause cum demand notice and the order in original, allowed the appeal, quashed the show cause cum demand notice dated 05.06.2021 and the order in original dated 23.01.2024, and disposed of the appeal in those terms.