Facts of the Case
The present batch of writ petitions challenged multiple Show
Cause Notices (SCNs) and consequential adjudication proceedings initiated
under the Customs Act, Finance Act, and CGST Act.
The petitioners contended that adjudication proceedings had
remained pending for excessively long periods—sometimes extending to decades—without
conclusion.
The disputes also involved proceedings initiated by officers of the Directorate of Revenue Intelligence (DRI), raising issues regarding their authority as “proper officers.”
Issues Involved
- Whether
inordinate delay in adjudication of SCNs renders the proceedings
liable to be quashed.
- Whether
delay alone constitutes sufficient ground to invalidate
proceedings.
- Interpretation
of Section 28(9) and 28(9A) of the Customs Act post amendments.
- Impact
of judicial precedents on the concept of “Proper Officer” (DRI
jurisdiction).
- Whether placement of matters in “call book” justifies delay.
Petitioner’s Arguments
- The
petitioners argued that adjudication must be completed within a
reasonable time, even if the statute earlier used flexible language.
- Delay
of several years/decades violates principles of natural justice and
causes serious prejudice.
- The Finance
Act, 2018 amendments reflect legislative intent to strictly enforce
timelines.
- Under
amended Section 28(9A), failure to conclude proceedings leads to deemed
conclusion of SCNs.
- Proceedings kept pending indefinitely are arbitrary and unsustainable in law.
Respondent’s Arguments
- Delay
by itself cannot automatically invalidate adjudication proceedings.
- Determination
of “reasonable time” depends on facts of each case.
- Delay
occurred due to:
- Legal
uncertainty from Supreme Court rulings like Canon India and Sayed
Ali
- Issues
regarding DRI officers as “proper officers”
- Administrative
reasons such as placement in call book
- Proceedings were not deliberately delayed but affected by legal flux and systemic factors.
Court’s Findings / Order
- The
Court emphasized that adjudication must be concluded within a
reasonable period, even where statutes earlier used flexible language.
- Inordinate
and unexplained delay can vitiate proceedings.
- The
Court held:
- Delay
cannot be justified merely by administrative practices like call book
placement.
- Legal
uncertainty may explain delay but cannot justify indefinite pendency.
- The
statutory scheme under Section 28 reflects clear timelines for
adjudication, especially post amendments.
- Where delay is excessive and unjustified, proceedings are liable to be interfered with or quashed.
Important Clarifications by the Court
- “Reasonable
time” is implicit in all adjudicatory powers, even if not
expressly stated.
- The
omission of the phrase “where it is possible to do so” indicates
stricter legislative intent.
- Section
28(9A) introduces a legal fiction of deemed conclusion in certain
situations.
- Call
book mechanism cannot override statutory timelines.
- The issue of “proper officer” (DRI jurisdiction) remains significant but does not justify prolonged delay.
Link to download the order - https://delhihighcourt.nic.in/app/showFileJudgment/YVA10122024CW48312021_173726.pdf
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