you should engage a lawyer and file detailed reply to show cause notice
submit documents sought by customs
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
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
you should engage a lawyer and file detailed reply to show cause notice
submit documents sought by customs
Hello Ajay, thank you for your reply. I don't need the items in the order anymore so can I just ignore the letter and let them ceise the goods? Or I need to take action to avoid legal actions? Also if I need to take action. Please guide me how to hire you to do it and the site the showing error even though I'm trying to pay for thr call.
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.
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.
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.