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Civil · Reportable judgment

Additional Director General Adjudication, Directorate of Revenue Intelligence vs Suresh Kumar and Co. Impex Pvt. Ltd. & Ors.

Court
Supreme Court of India
Date
20 August 2025
Case No.
Civil Appeal No(s). 11339-11342 of 2018
Bench
J.B. Pardiwala, K.V. Viswanathan
Citation
[2025] 8 S.C.R. 2368 : 2025 INSC 1050
Acts & Sections
Customs Act, 1962 Evidence Act Information Technology Act
Supreme Court Reports [2025] 8 S.C.R. 2368 : 2025 INSC 1050
Issue for consideration
Whether the CESTAT erred in passing the impugned order setting aside the penalty imposed upon the respondents-assessees.
Headnote

Customs Act, 1962 – ss.138C(4), 108 – Evidence Act, 1872 – s.65B – Compliance of s.138C(4) – Admissibility of micro films, facsimile copies of documents and computer print outs as documents and as evidence – Admissibility of electronic records – Case of the Revenue that the respondents (engaged in the business of importing branded food items) were declaring lower RSP/MRP of the imported goods, resulting in evasion of duties – Show cause notice issued – Confirmed by Adjudicating Authority, demand raised with interest and penalty – Penalty set aside by CESTAT (Tribunal) holding that the documents relied upon by the department for proceeding against the respondents were collected from their electronic devices and were not admissible in evidence in view of noncompliance of s.138C(4) – Challenge to: Held: There was due compliance of s.138C(4) in the present case – Record of Proceedings were duly signed by the respondents, including the various statements of the respondents recorded u/s.108 – Due compliance does not mean that a particular certificate stricto senso in accordance with s.138C(4) must necessarily be on record – The various documents on record in the form of record of proceedings and the statements recorded u/s.108 could be said to be due compliance of s.138C(4) – A certificate not given in the prescribed format per se will not make it invalid, especially when the authenticity of the marked documents is not in dispute – At no point of time the statements recorded u/s.108 were retracted – Even while giving reply to the show cause notice, the contents of such statements recorded u/s.108 were not disputed – However, this would be relevant only for determining whether there has been due compliance of s.138C(4) – The evidentiary value of such s.108 statements in any other proceedings, if any would have to be considered in accordance with law, including the compliance of s.138B – Order passed by Tribunal set aside – Appeals filed by the assessees before the Tribunal restored – Impotentia excusat legem – Lex non cogit ad impossibilia. [Paras 43-46, 48]

Keywords: Section 138C(4) of Customs Act, 1962 · Compliance of Section 138C(4) of Customs Act, 1962 · Section 65B of Evidence Act, 1872 · Admissibility of electronic records · Certificate under Section 138C(4) of Customs Act, 1962 · Record of Proceedings · Record of Proceedings duly signed · Statements recorded under Section 108 of Customs Act, 1962 · Section 108 of Customs Act, 1962 statements · Certificate · Business of importing branded food items · Lower RSP/MRP declared · Actual RSP/MRP · Evasion of duties

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Permission for amendment of appeal(s) is granted. 2. These statutory appeals under Section 130E of the Customs Act, 1962 (for short “the Act, 1962”) are at the instance of the Revenue and are directed against the judgment and order passed by the Customs, Excise and Service Tax Appellate Tribunal (for short “the CESTAT”), New Delhi dated 17.04.2018, by which the appeals filed by the respondents-assessees herein came to be allowed and thereby the order in original dated 17.07.2017 passed by the Additional Director General (Adjudication), Directorate of Revenue Intelligence, New Delhi
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