Customs Act Section 124 SCN Invalidated for Exceeding Six-Month Limit Without Provisional Release or Extension Approval.
X X X X Extracts X X X X
X X X X Extracts X X X X
....Validity of SCN - Time limitation - whether the show cause notice given under Section 124 of the Act after six months of seizure can be sustained under the law? - In the instant case, admittedly there has been no provisional release of the seized goods. Further extension of six months with the reasoned order by the Principal Commissioner of Customs or Commissioner of Customs also is completely missing. - Noticing that the period prescribed under the law has already lapsed long before the show cause notice has been issued, this Court needs to intervene for this being a clear violation of statutory provisions of section 110 and other provisions of Customs Act - HC....
TaxTMI