• Call and cause notice

1. Whereas, the postal consignment having Tracking and M. No. 7686/22 is consigned to Shri/Smt. /Ms 
having declared address as (here-in-after referred to as "the importer")
and whereas the consignment is declared to contain pramiracetam and having declared FOB/CIF value as Rs. 0 /-having no declared value.
2a. Where as the consignment on examination was found to contain pramiracetam are drugs / medicines / chemicals, import of which is
restricted under the Drugs and Cosmetics Act, 1940. Further, Rule 23 of the Drugs and Cosmetics Rules, 1945 provides that an import licence in
Form 102shall be required for import of drugs, excluding those specified in Schedule X, and an import licence in Form 10-A shall be required for
the import of drugs specified in Schedule X. I observe that the importer has not submitted any license in Form 10 or 10-A not produced and
objection is raised by Asst Drug Controller. which falls under restricted goods category as drugs / medicines / chemicals (Form 10)
2b. The goods appear to be undervalued and the value declared appears liable for rejection and goods to be assessed at fair value, as per the
Section 14 of Customs Act 1962. read with Customs Valuation (Determination of Value of Imported Goods) Rules, 2007
2c. The consignment appears to be mis-declared as GIFT, as the sender is e-bay seller/ no sender details and thus does not qualify as bonafied
GIFT.
3a. Whereas the import of dutiable goods by letter, packet or parcel posts is restricted except where such letter or packet bears a correct
declaration stating the nature, weight & value of the contents on the front side in terms of Notification No. 78-Cus dated 02.04.1938.
4. The said goods appear to be liable for confiscation under the provisions of Section 111(m) and / or Section 111(d) of the Customs Act, 1962
and the importer appears to be liable for imposition of penalty under Section 112(a) of the Customs Act, 1962.
5. Now therefore, the importer is hereby called upon to make a written submission and submit self certified copies of proper Invoice and
payment details and the the required NOC/ Licence / Permission and in respect to observations at para (2) above, failing which the Importer is
required to show cause to the Superintendent / Appraiser of Customs, Postal Appraising Section having his/her office at 2nd floor, Videsh Dak
Bhawan, Foreign Post Officer, Ballard Estate, Mumbai-400001 within ten (10) days of receipt of this notice as to why:
(a) the assessable value of the said goods should not be arrived at as per the Section 14 of Customs Act 1962 read with Customs
Valuation (Determination of Value of Imported Goods) Rules, 2007 and Duty of Customs ascertained and demanded and recovered under
section 28 ibid and/or,
(b) the goods should not be confiscated under the provisions of Section 111(m) and / or Section 111(d) of the Customs Act, 1962 and
(c) Penalty should not be imposed upon the importer under Section 112(a) of the Customs
Asked 2 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

6 Answers

you should engage a lawyer and file detailed reply to show cause notice 

 

submit documents sought by customs 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

You can seek phone consultation from website 

 

you must send reply to show cause notice 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

All the offences listed can be compounded Principal Chief Commissioner of Customs or Chief Commissioner of Customs on payment of value of the goods of penalty of  5k whichever is  higher. Submit an application  seeking compounding under Section 137.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

You have been served with a show cause notice that why the actions stated in the notice under the provisions of law quoted therein should not be taken.

You have to give a reply to this notice explaining the circumstances under which you imported the said items and the reasons therein.

If necessary you may have to pay the excise/customs duty in order to take delivery of the items imported along with the penalty that may be levied by the authorities concerned. 

 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

If you are not willing to take the goods by paying penalty, you may intimate the authorities about this and permit them to confiscate the items. However by remaining silent without giving a reply to their notice may be considered as an offence, they may treat that you have admitted the offences charged against you. 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

You can contest the same in accordance with law. 

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer