2024 (12) TMI 302

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....4 - -<br>Customs<br>M. S. SONAK & JITENDRA JAIN, JJ. For the Petitioner: Mr. Bharat Raichandani a/w Mr. Jasmine Dixit i/by UBR Legal. For the Respondent nos. 1 to 3: Mr. Karan Adik. For DGFT Respondent no. 4: Mr. J. B. Mishra a/w Mr. Ashutosh Mishra a/w Mr.Vikas Salgia. ORAL ORDER :- 1. Rule. Rule is made returnable immediately at the request and with the consent of the parties. ....

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....d under the Customs Act, the proceedings ought to have been taken within a reasonable period and a period of 26 years cannot be treated as a reasonable period in the facts and circumstances of the case. Mr. Raichandani relied upon the Supreme Court&#39;s decision in the case of Union of India vs. Citi Bank 2022 (382) E.L.T. 293 (S.C.) in support of his submission. 4. Mr. Adik, learned counsel f....

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....holistic reading of the Scheme of the Act. In the instant case, admittedly, the impugned notice is issued for non-submission of Export Obligation Discharge Certificate dated 23 September 1996, after almost 26 years. 7. In our view, on a reading of the Customs Act, the reasonable period for initiating any proceedings for recovery of dues can certainly not be 26 years, even where a bond may have ....

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....ustified in relying on the Supreme Court&#39;s decision in the case of Union of India Vs. Citi Bank (supra), where the show cause notice under FERA issued almost a decade after the transaction date, was quashed on the grounds of delay in initiating the proceedings. The Co-ordinate Bench of this Court in the case of Coventry Estates Pvt. Ltd. Vs. The Joint Commissioner, CGST and Central Excise & An....