• Received custom show cause notice

I ordered shoes worth 70$ from AliExpress.Its been delivered in India and is stucked in customs.
Now I get a show cause notice from customs.
They are asking for documents and It's written under section 111 of the customs act 1962.
Is it necessary to supply the documents.
I don't need the product,what should I do?
Can I be arrested if I don't respond to them?
Asked 2 months ago in Civil Law from Kolkata, West Bengal
Dear Sir, as appears from the facts mentioned by you, the notice received by you under section 111 of the customs act would require a show cause notice and a personal hearing as er the amndate of the concerned section by the authorities. You are requested to present the bill, etc and other documents you have received in buying such item. Please note that the failure to reply to that show cause notice would attract penalty under section 112 of the customs act.
Mayank Sapre
Advocate, New Delhi
90 Answers

5.0 on 5.0

You won't be arrested but the penalty and the duty can be imposed and department can recover same further the documents need to he given to customs otherwise there is provision to impose penalty for not giving documents in time and order in original will be passed.

So it is better to supply the documents.
Shubham Jhajharia
Advocate, Ahmedabad
8425 Answers
26 Consultations

5.0 on 5.0

you must supply documents sought by customs 

2) if you dont need goods say you have no objections to goods being confiscated 

3) you would not be arrested
Ajay Sethi
Advocate, Mumbai
53132 Answers
3181 Consultations

5.0 on 5.0

I have come across many cases like this. Firstly I want to tell you what Section 111 of the Customs Act 1962 is. Section 111 states Confiscation of improperly imported goods, etc.—the following goods brought from a place outside India shall be liable to confiscation:—
(a) any goods imported by sea or air which are unloaded or attempted to be unloaded at any place other than a customs port or customs airport;
(b) any goods imported by land or inland water through any route other than a route specified in a notification issued under clause (c) of section 7 for the import of such goods;
(c) any dutiable or prohibited goods brought into any bay, gulf, creek or tidal river for the purpose of being landed at a place other than a customs port;
(d) any goods which are imported or attempted to be imported or are brought within the Indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or under this Act or any other law for the time being in force;
(e) any dutiable or prohibited goods found concealed in any manner in any conveyance;
(f) any dutiable or prohibited goods required to be mentioned under the regulations in an import manifest or import report which are not so mentioned;
(g) any dutiable or prohibited goods which are unloaded form a conveyance in contravention of the provisions of section 32, other than goods inadvertently unloaded but included in the record kept under sub-section (2) of section 45;
(h) any dutiable or prohibited goods unloaded or attempted to be unloaded in contravention of the provisions of section 33 or section 34;
(i) any dutiable or prohibited goods found concealed in any manner in any package either before or after the unloading thereof;
(j) any dutiable or prohibited goods removed or attempted to be removed from a customs area or a warehouse without the permission of the proper officer or contrary to the terms of such permission;
(k) any dutiable or prohibited goods imported by land in respect of which the order permitting clearance of the goods required to be produced under section 109 is not produced or which do not correspond in any material particular with the specification contained therein;
(l) any dutiable or prohibited goods which are not included or are in excess of those included in the entry made under this Act, or in the case of baggage in the declaration made under section 77;
(m) 1[any goods which do not correspond in respect of value or in any other particular] with the entry made under this Act or in the case of baggage with the declaration made under section 77 2[in respect thereof or in the case of goods under transhipment, with the declaration for transhipment referred to in the proviso to sub-section (1) of section 54];
(n) any dutiable or prohibited goods transisted with or without transhipment or attempted to be so transited in contravention of the provisions of Chapter VIII;
(o) any goods exempted, subject to any condition, from duty or any prohibition in respect of the import thereof under this Act or any other law for the time being in force, in respect of which the condition is not observed unless the non-observance of the condition was sanctioned by the proper officer; 3[(p) any notified goods in relation to which any provisions of Chapter IVA or of any rule made under this Act for carrying out the purposes of that Chapter have been contravened.]

You will not be arrested. Don't worry. You ordered shoes worth 70$ (about ₹5027.40 in INR).
Section 112 of the Customs Act, 1962, lays down the penalty for improper importation of goods. 
You need to pay a maximum fine of ₹5000. 
You can respond with an appropriate reason. Everyday thousands of products are being seized by the customs authorities because of the non awareness of the rules. 
If you need any help you can contact my assistant to book a consultation. I will help you.

SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
Shri Gopal Verma
Advocate, New Delhi
204 Answers
1 Consultation

4.0 on 5.0

Dear Client,

Under sec 111 Confiscation of improperly imported goods is mention and shoes dose not comes under prohibited item. Customs may be requiring proof to confirm order placed by you for clearance purpose. No big deal, send them reply of notice attaching copy of order. No arrest, not an offense, worse can expect, penalty shall be paid.
Yogendra Singh Rajawat
Advocate, Jaipur
6069 Answers
5 Consultations

4.7 on 5.0

If you are an importer then you can produce such certificate.
If you have imported this as a single product for your personal use then you will have to submit only the show cause stating your ignorance about the banning of this product and your willingness to pay the fine as imposed by the authority.
The maximum amount of penalty would be not more than Rs.5000/-..
If you do not submit the chow cause or avoid complying the directions of notice then further actions including prosecution can be initiated against you.
Devajyoti Barman
Advocate, Kolkata
14498 Answers
201 Consultations

5.0 on 5.0

You would not be Arrested in case you fail to respond to the notice received by you from the customs, but a monetary penalty can be imposed on you as well as the goods would be forfeited by the custom department.

So, it's advisable to send befitting reply through an advocate to the show Cause.
Siddharth Jain
Advocate, New Delhi
2396 Answers
26 Consultations

5.0 on 5.0

Please go to custom's office and collect your shoes by paying required custom duty , this notice is nothing but when the confiscated things remains un-claimed for a long period what it the way for them.
Koshal Kumar Vatsa
Advocate, Gurgaon
523 Answers
1 Consultation

5.0 on 5.0

1. If you do not want that product simply deny that you have ordered for the same.

2. Customs confiscate such unclaimed items in hordes every day.

3. Just send a reply tom the said letter informing that you have not ordered for the said item.

4. There will be no question of your being arrested.
Krishna Kishore Ganguly
Advocate, Kolkata
20315 Answers
505 Consultations

5.0 on 5.0

If the item imported comes under restricted items and you have been served with a notice for importing the prohibited item then it becomes your duty to give a reply to the customs department either by yourself or through an advocate.

You can claim innocence of law and also excuse you on this as an exceptional case and to waive the requirement to appear before them while you may authorise them to confiscate the product and inform you about the fine to be paid if levied any.
T Kalaiselvan
Advocate, Vellore
43245 Answers
485 Consultations

5.0 on 5.0

Any person who in relation to any goods does or omits to do which act or omission would render such goods which are liable to confiscation under Section 111 of the act or abets the doing or omission of such an act is liable for penalty under Section 112 of the Customs Act 1962.
Mohammed Mujeeb
Advocate, Hyderabad
2605 Answers
1 Consultation

4.8 on 5.0

If you do not need the product then respond to their notice and state that you have no objection if the product is seized and destroyed. Some custom officer will eventually take it and wear it himself or give it to someone in his family.
Ashish Davessar
Advocate, Jaipur
24643 Answers
687 Consultations

5.0 on 5.0

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