Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Seizure memo for 17,085 kg betel nuts quashed due to failure to record reasons under sections 7, 11, 46, 47

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The HC quashed the seizure memo for 17,085 kg betel nuts and truck under Customs Act sections 7, 11, 46, and 47, following precedent established in M/s Ashoke Das. The court held that proper officers must record reasons to believe goods are liable to confiscation prior to seizure, with such reasons indicated in the seizure memo beyond mere panchnama. While the seizure memo was quashed for procedural deficiency in failing to record requisite reasons to believe, the HC clarified that quashing does not preclude the Department from conducting fresh investigation and proceeding lawfully under Customs Act provisions. The writ application was disposed of with Department retaining authority to reinitiate proceedings in accordance with proper legal procedures and statutory requirements.....