MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

P&H High Court Holds Customs Authorities Cannot Initiate Proceedings Once Export Obligation Is Fulfilled and Bond Is Redeemed

07 May 2024 8:19 AM

By: Admin


In a landmark judgment, the High Court of Punjab and Haryana at Chandigarh has held that Customs Authorities cannot initiate proceedings against an assessee once the export obligation has been discharged and the bond has been redeemed. The judgment came in an appeal filed by the Commissioner of Customs, Ludhiana against M/s Jindal Drugs Ltd. The Court, comprising Hon'ble Ms. Justice Ritu Bahri and Hon'ble Mrs. Justice Manisha Batra, dismissed the appeal and set aside the impugned order passed by the Customs, Excise & Service Tax Appellate Tribunal.

The case involved the loss of imported goods, specifically 50 MT of Cocoa Paste, during transit from the port to the factory. The respondent, M/s Jindal Drugs Ltd., informed the department about the loss and replaced the lost quantity by purchasing Cocoa Paste from the local market to fulfill their export obligation. Notably, the respondent did not claim any rebate or duty drawback during the export.

The appellant, Commissioner of Customs, demanded duty on the imported goods, imposed penalties, and ordered redemption of fine. The impugned order confirmed the demand of duty and imposed a redemption fine, but the Tribunal allowed the respondent's appeal, setting aside the order.

The High Court, in its judgment, held that once the export obligation was discharged and the bond was redeemed, Customs Authorities were precluded from initiating proceedings against the respondent-assessee. The Court emphasized that there was no violation of the conditions of the relevant notification and found no illegality or perversity in the impugned order.

The Court further noted that the appellant's counsel failed to cite any judgments supporting their contention that Customs Authorities could initiate proceedings even after the fulfillment of export obligations and redemption of the bond. Consequently, the appeal was dismissed.

This judgment has significant implications for the customs-related cases in the region, providing clarity on the rights and obligations of importers/exporters once their export obligations are fulfilled. It underscores the importance of adhering to the conditions of relevant notifications and the role of Customs Authorities in administering customs laws effectively.

Date of decision: 24.05.2023

Commissioner of Customs, Ludhiana  vs M/s Jindal Drugs Ltd.

Latest Legal News