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february 2011

Supreme Court of India · 2011-02-18

Commr. Of Customs vs Sayed Ali & Anr

Court
Supreme Court of India
Petitioner
Commr. Of Customs
Respondent
Sayed Ali & Anr
Author
D.K. Jain
Bench
H.L. Dattu, D.K. Jain

Judgment text excerpt

The Supreme Court addressed the jurisdiction of the Commissioner of Customs (Preventive) under Section 28 of the Customs Act, 1962, determining that the Commissioner was not a 'proper officer' as defined in Section 2(34) of the Act, and thus lacked authority to issue the show cause notice. The Court upheld the CEGAT's ruling that the show cause notice was invalid due to jurisdictional issues, emphasizing the necessity of proper authority in customs proceedings. Consequently, the appeals were dismissed, affirming the lower tribunal's decision.

Commr. Of Customs vs Sayed Ali & Anr · Niyam