I have received a show cause notice from chennai customs for personal hearing
2 years ago
I have received a show cause notice from chennai customs for personal hearing, but I don't know for what, don't remember ordering anything from overseas, they are not replying by post, phone or email when we ask for reason or details. And the date for hearing is nearing, we at least want to see if virtual hearing is possible, if it is no mistake on our end or something we did unawaringly how can we avoid penalties in such case?
A.Dear Sir,
https://www.taxmanagementindia.com/web/view_discussions.asp
The details of penalties imposed under this Section are as follows:
(i) in case of goods for which any prohibition is in force under the provisions of this Act or any other law for the time being in force – penalty not exceeding the value of the goods or ₹ 5000/- whichever is the greater;
PENALTIES UNDER CUSTOMS ACT, 1962
The Customs Act, 1962 (‘Act’ for short) provides for penalties. Chapter XIV of the Act provides for imposition of penalties. The following sections dealt with imposition of penalties-
• Section 112 – Penalty for improper importation of goods etc.,
• Section 114 – Penalty for attempt to export goods improperly etc.,
• Section 114A – Penalty for short levy or non levy of duty in certain cases;
• Section 114AA – Penalty for use of false and incorrect material;
• Section 116 – Penalty for non accounting for goods;
• Section 117 – Penalty for contravention etc., not expressly mentioned;
Penalty for improper importation of goods
Section 111 provides for confiscation of improperly imported goods etc., under various situations. Section 112 provides for the penalty for improper import of goods.
Section 112 imposes penalty on any person in relation to any goods, in respect of the following:
• Doing an act which would render such goods liable for confiscation under Section 111;
• Omits to do any act which would render such goods liable for confiscation under Section 111;
• Abets the doing or omission to do such act;
• acquiring possession of or is in any way concerned in carrying, removing, depositing, harboring, keeping, concealing, selling or purchasing, or in any other manner dealing with any goods which he knows or has reason to believe are liable to confiscation under section 111.
The term ‘goods’ referred to in this section is of three categories – one is prohibited goods; the second is the goods other than the prohibited goods and the third is the baggage.
The details of penalties imposed under this Section are as follows:
(i) in case of goods for which any prohibition is in force under the provisions of this Act or any other law for the time being in force – penalty not exceeding the value of the goods or ₹ 5000/- whichever is the greater;
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https://www.taxmanagementindia.com/web/view_discussions.asp
The details of penalties imposed under this Section are as follows:
(i) in case of goods for which any prohibition is in force under the provisions of this Act or any other law for the time being in force – penalty not exceeding the value of the goods or ₹ 5000/- whichever is the greater;
PENALTIES UNDER CUSTOMS ACT, 1962
The Customs Act, 1962 (‘Act’ for short) provides for penalties. Chapter XIV of the Act provides for imposition of penalties. The following sections dealt with imposition of penalties-
• Section 112 – Penalty for improper importation of goods etc.,
• Section 114 – Penalty for attempt to export goods improperly etc.,
• Section 114A – Penalty for short levy or non levy of duty in certain cases;
• Section 114AA – Penalty for use of false and incorrect material;
• Section 116 – Penalty for non accounting for goods;
• Section 117 – Penalty for contravention etc., not expressly mentioned;
Penalty for improper importation of goods
Section 111 provides for confiscation of improperly imported goods etc., under various situations. Section 112 provides for the penalty for improper import of goods.
Section 112 imposes penalty on any person in relation to any goods, in respect of the following:
• Doing an act which would render such goods liable for confiscation under Section 111;
• Omits to do any act which would render such goods liable for confiscation under Section 111;
• Abets the doing or omission to do such act;
• acquiring possession of or is in any way concerned in carrying, removing, depositing, harboring, keeping, concealing, selling or purchasing, or in any other manner dealing with any goods which he knows or has reason to believe are liable to confiscation under section 111.
The term ‘goods’ referred to in this section is of three categories – one is prohibited goods; the second is the goods other than the prohibited goods and the third is the baggage.
The details of penalties imposed under this Section are as follows:
(i) in case of goods for which any prohibition is in force under the provisions of this Act or any other law for the time being in force – penalty not exceeding the value of the goods or ₹ 5000/- whichever is the greater;
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Viswanath M K
Responded 2 years ago
A.1.There is no virtual hearing. You can seek to dispense with personal hearing, though.
2. Please share the copy of the notice for further clarification.
3. You will have to pay a penalty of five thousand rupees, maximum.
2. Please share the copy of the notice for further clarification.
3. You will have to pay a penalty of five thousand rupees, maximum.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello,
you can prepare a legal notification (rejoinder) in response to the show cause, stating that no transactions occurred on your end. It's a good idea to consult a lawyer about drafting a formal reply to the show cause.
Thank you very much. Please give your opinion on the response.
you can prepare a legal notification (rejoinder) in response to the show cause, stating that no transactions occurred on your end. It's a good idea to consult a lawyer about drafting a formal reply to the show cause.
Thank you very much. Please give your opinion on the response.
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A.Hi,
you can draft a legal notice (rejoinder) answering the shaw cause and state that there were no transactions from your end. It is advisable to get in touch with a lawyer to draft a formal rejoinder answering the show cause.
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you can draft a legal notice (rejoinder) answering the shaw cause and state that there were no transactions from your end. It is advisable to get in touch with a lawyer to draft a formal rejoinder answering the show cause.
Thank you. Rate the answer.
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