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Jeevraj and ors. Vs. Collector and Customs and ors.

Jeevraj and ors. vs Collector and Customs and ors.

Type Court Judgment Court Supreme Court of India Decided Jul 29, 1997
~2 min read
https://sooperkanoon.com/case/671328

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Citation
Court
Supreme Court of India
Judge
Decided On
Case Number
Civil Appeal Nos. 778-781 of 1995
Subject
Media and Communication;Customs

Case Summary

AI-generated summary - not the official court judgment text.

Customs - notice - Sections 110 (2) and 124 of Customs Act, 1962 - whether notice under Section 124 of Act required to be issued within period specified under Section 110 (2) of Act as extended under Proviso of Act - period specified under Section 110 of Act within which notice regarding seizure could be given does ...

Key legal issue
Media and Communication;Customs
Acts & sections
Customs Act, 1962 - Sections 110(2) and 124

Parties & Advocates

Appellant / Petitioner

Jeevraj and ors.

Respondent

Collector and Customs and ors.

Legal References

Acts
Customs Act, 1962 - Sections 110(2) and 124
Cases Referred
Chaganlal Gainmull v. Collector of Central Excise and Ors.
Reported In
1997(94)ELT459(SC); JT1998(4)SC435; (1997)8SCC519

Excerpt

customs - notice - sections 110 (2) and 124 of customs act, 1962 - whether notice under section 124 of act required to be issued within period specified under section 110 (2) of act as extended under proviso of act - period specified under section 110 of act within which notice regarding seizure could be given does not limit power under section 124 of act - held, section 124 of act did not prescribe any time limit for issue of notice. - order1. the only question that falls for consideration in these appeals by the assessee is whether a notice under section 124 of the customs act, 1962 (hereinafter referred to as 'the act') is required to be issued within the period specified under section 110(1), as extended under the proviso, of the act. in harbans lal v. collector of central excise and customs, chandigarh : 1993ecr219(sc) , it has been laid down that the period specified under section 110 within which the notice regarding seizure can be given does not limit the power under section 124 of the act and that said section [section 124] does not lay down any period within which the notice is required to be given. the said view is based on the earlier judgment of this court in assistant collector of customs v. charan das malhotra : 1973ecr1(sc) . the same view has been taken in chaganlal gainmull v. collector of central excise and ors. = . 2. shri c.s. vaidyanathan, the learned senior counsel appearing for the appellants, has submitted that in charan das malthora's case (supra) this court was only dealing with the provisions in section 110 and the question of initiation of proceedings under section 124 was not in issue in the said decision. that may be so, but still while construing the provisions of section 110, this court, after taking note of the provisions of section 124, has laid down that section 124 does not prescribe any time limit for issue of notice. we do not find any reason to take different view in the matter. 3. these appeals are thus fully covered by the decision of this court in harbans lal's case (supra). the appeals are, therefore, dismissed. no order as to costs.

Full Judgment

ORDER

1. The only question that falls for consideration in these appeals by the assessee is whether a notice under Section 124 of the Customs Act, 1962 (hereinafter referred to as 'The Act') is required to be issued within the period specified under Section 110(1), as extended under the proviso, of the Act. In Harbans Lal v. Collector of Central Excise and Customs, Chandigarh : 1993ECR219(SC) , it has been laid down that the period specified under Section 110 within which the notice regarding seizure can be given does not limit the power under Section 124 of the Act and that said section [Section 124] does not lay down any period within which the notice is required to be given. The said view is based on the earlier judgment of this Court in Assistant Collector of Customs v. Charan Das Malhotra : 1973ECR1(SC) . The same view has been taken in Chaganlal Gainmull v. Collector of Central Excise and Ors. = .

2. Shri C.S. Vaidyanathan, the learned senior counsel appearing for the appellants, has submitted that in Charan Das Malthora's case (supra) this Court was only dealing with the provisions in Section 110 and the question of initiation of proceedings under Section 124 was not in issue in the said decision. That may be so, but still while construing the provisions of Section 110, this Court, after taking note of the provisions of Section 124, has laid down that Section 124 does not prescribe any time limit for issue of notice. We do not find any reason to take different view in the matter.

3. These appeals are thus fully covered by the decision of this Court in Harbans Lal's case (supra). The appeals are, therefore, dismissed. No order as to costs.

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