Do not remain silent and . Engage an advocate who deals in such matters . However I think you can not avoid the penalty.) in the alternative submit that you have no objection to goods being confiscated and are willing to pay penalty.
Cause Notice by Customs (Airport) regarding purchasing of Adult Toy by wish E commerce app app
Wish App E commerce site price (around 350/- indian rupees) . i didnt received goods it is struck indian customs , chennai . I do not have knowledge before purchase this product they send me show cause notice they . i donot know how react please advice me here i mentioned some points in that notice . show cause notice dated 14/12/2018 sub: importing Adult Toy vid Tracking no (RT112662772IN)- intimation of personal Hearing-Reg. from PAD ( Postal appraising debarment ) 1. Kind attention is invited to the above cited subject. 2. In this regard,it is informed that a Personal Hearing is granted to to you by the Appraising Officer of Customs on any one of the following dates and time with necessary documentary evidence(s),if any to finalize the case: Date. Time 24/03/20. 11 AM to 1PM 26/03/20. 11 AM to 1PM 27/03/20. 11 AM to 1PM Hence you are requested to appear for the perotional hearing with all relevant documents before the Appraising Officer of Customs PAD -AIR (Chennai I),PAD 1st floor ,foreign post Building ,GST rode ,Meenambakkam,Chen na I-600 027 on any OE date mentioned above.Failing to appear on the anyone of the fixed dates,the case will be adjudicated on the basis of evidence on record without any further ref France to you. Signed by PAD AIR
Asked 4 years ago in Taxation
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
12 Answers
You need to appear and file your reply else it would be decided exparte
You must have ordered a sex toy which is illegal in India. Write an apology and state that you didn't know the law relating to sex toys. Also state that it wasn't for any commercial activity.
You can reply to show cause notice that you do not want personal hearing
2) that you had placed orders for import of sex toys but goods were never received by you
3) that you were not aware that import is prohibited
4) that lenient view be taken and penalty waived
check for the authenticity of the notice from the customs department,
If genuine, go and pay the penalty, and if you do not want to go, engage a counsel, he/she will do the rest
if it's a sex toy, which is illegal in India, you can revert that you were unknown to the fact and request for a lenient view,
See since you have placed the order and the amount is also less you can waive off the right of personal hearing can give a written reply to show cause notice.
Once it is adjudicated and order in Original is passed you can pay the penalty amount.
Simply appear before the superintendent of the custom affidavit that you have water this material without the knowledge that this is prohibited in India.
Deposit the penalty which is imposed for import of this material and authorise custom office to destroy the material
Hi
Just be present to the authorities on any of the dates mentioned above and surrender the purchase there mentioning that you were not aware about the fact that getting online delivery of this product is against the customs law.
Thanks
You need to respond to the notice received by you. Do not keep quite, if the authority passes exparte order, it will be difficult for you.
As stated in your post, you may inform the authority about non receipt of the toy and that, you are not aware about the seriousness about the same.
You may request the authority, to take a lenient view on the same and also to pray to waive off the penalty.
Ignorance of law cannot be claimed as an excuse.
Since you have received the show cause notice in the year 2018 and have ignored the notice without taking any action including giving a reply reply notice to the authorities concerned, they have now summoned you to their office to explain the things in person supported by documentary evidences in yor possession and they may let you off by imposing a fine up to Rs. 5,000/-.
At least now you approach an advocate and give a proper reply expressing yor inability to appear before them in person with an assurance/undertaking to pay the fine/penalty as may be imposed by the authorities concerned for this lapse on your side, by this reply you may even seek waiver of personal appearance before them.
1. You should appear before customs officer and accept your mistake that due to ignorance of law you ordered the product.
2. Pay the penalty for import of banned goods and the case against you will be closed.
- Actually, there is no law stating that sex/adult toys are not allowed in India.
- However, Section 292 of the IPC prevents the sale of any material or product that is ‘obscene’ in nature in India. But, no statement has been mentioned regarding the ‘Ban on Sex Toys in India
- Further, keeping sex/adult toys at home for personal use , is not an offence unless the individual is private about its usage and functioning. Every individual has his/her private life and hence, they have the full right to do whatever they want to under those boundations.
- Further, the Kolkata High Court addressed the issue whether sex toys purchase/imports /sell in India comes under the charges of “obscenity”. The Court held that the charges on obscenity cannot be held as they were not legally sustainable. Just because the toy brings out sexual desires, it cannot be labeled as ‘obscene’.
- Since, you got notice from Custom Department , hence you should give the reply of the show cause notice to the department and appear for personal hearing , and thereby declare before them that the said items are for personal use and not for sale to other persons.
- But if the items you ordered, is absolutely confiscated, then you will have to pay penalty.
1. Yes, you can prepare the reply yourself , and narrate that the items are for personal use and not for any other means of illegal act.
2. Better send the reply by registered post
3. Reply may give you relief , and further appearance not required , if official satisfied by your reply
Good luck and dont forget to rating Positively.
