Extended limitation for customs duty recovery requires evidence of suppression or wilful misstatement; otherwise writ review remains available.
Extended limitation for recovery of short-paid IGST under Section 28(4) of the Customs Act requires material establishing collusion, wilful misstatement, or suppression of facts. Where an importer disclosed the goods, tariff classification, and claimed notification benefit in the Bill of Entry accepted by the proper officer, a later departmental disagreement on classification or exemption eligibility, or a bare allegation, does not establish those jurisdictional facts. Recovery must therefore proceed, if at all, within the applicable limitation period. Availability of an appeal under Section 128 does not bar writ jurisdiction where the statutory preconditions for invoking the extended period are absent or proceedings are patently illegal.
Issues: (i) Whether the extended period under Section 28(4) of the Customs Act, 1962 could be invoked for alleged short-payment of IGST on the imported goods; (ii) Whether the availability of an appellate remedy barred exercise of writ jurisdiction.
Issue (i): Whether the extended period under Section 28(4) of the Customs Act, 1962 could be invoked for alleged short-payment of IGST on the imported goods.
Analysis: Section 28(1) governs recovery of duty short-paid for reasons other than collusion, wilful misstatement or suppression of facts, whereas Section 28(4) permits the extended limitation only where those specified ingredients are established. The importer declared the goods as rice bran, disclosed the tariff classification, and expressly claimed the notification benefit in the Bill of Entry, which was accepted by the proper officer. No material established concealment, deliberate false declaration, or suppression intended to evade duty. A subsequent departmental disagreement on classification or exemption eligibility, and a bare allegation of wilful misstatement, do not establish the jurisdictional facts necessary for Section 28(4).
Conclusion: Invocation of Section 28(4) was invalid and the demand founded on the extended period could not be sustained, in favour of the assessee.
Issue (ii): Whether the availability of an appellate remedy barred exercise of writ jurisdiction.
Analysis: Although Section 128 of the Customs Act, 1962 provides an appellate remedy, the alternative-remedy rule is not absolute where the statutory conditions for assumption of jurisdiction are absent or the proceedings suffer from patent illegality. Since the essential preconditions for invoking Section 28(4) were not satisfied, relegation to the appellate remedy was unwarranted.
Conclusion: The alternative-remedy objection did not bar writ jurisdiction, in favour of the assessee.
Final Conclusion: The extended-period recovery lacked a valid jurisdictional basis; any further action remains governed by the applicable limitation period and statutory requirements.
Ratio Decidendi: The extended limitation under Section 28(4) may be invoked only on material establishing collusion, wilful misstatement, or suppression of facts; absent those jurisdictional facts, an alternative statutory appeal does not preclude writ review.