SC Review Petition: DRI officers are proper officers empowered to issue SCN under Customs Act, 1962

Published On: 06/12/2024

Practice Area: Indirect Tax

Authors:

“The Hob’ble Supreme Court in the case of Commissioner of Customs v. Canon India Private Limited (Review Petition no 400 of 2021) allowed the review petition filed by the Customs Revenue Department, thereby reconsidering its earlier decision in Canon India Private Limited. v. Union of India (TS- 75-SC-2021-CUST). The Hon’ble Supreme Court exercised its review jurisdiction to set aside its earlier judgement, thereby holding that Directorate of Revenue Intelligence officers are ‘proper officers’ for the purposes of Section 28 of the Customs Act, 1962 and have the power to issue show cause notices.” INDUSLAW’s Shashi Mathews, and Rajitha Nair provides a summary of the review judgement and analyses its implicants on the relevant stakeholders.