1. Whereas, the postal consignment having Tracking No.x and M. No. x/23 is consigned to Shri / Smt. x having declared address as x (here-in-after referred to as "the importer") and whereas the consignment is declared to contain mouse and having declared FOB/CIF value as 0 / having no declared value. 2a. Whereas the consignment on examination was found to contain mouse (here after referred to as 'the said goods') imported by post for personal use thus falling under CTH 9804 and appear to be undervalued and the value declared appears liable for rejection and the consignment is liable 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 2b. The consignment appears to be mis-declared as GIFT, as sender is e-bay seller/ no sender details and thus not bonafied GIFT. 3. 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. Now whereas 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 geods should not he 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 Act, 1962.
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What to do? The order is not delivered to me. If i dont want to collect the product then i will have to pay penalty? And i have to take action to avoid legal action?
You have wrongly declared the goods as gift whereas you had purchased the goods from eBay .the details of sender are not mentioned
submit a detailed reply to show cause notice
most probably authorities would enhance value of goods and impose penalty upon you
Sir ajay, What if i will ignore this message and will not take the product ?
Goods would be confiscated and penalty imposed upon you
If you don’t want to take delivery of goods reply to show cause notice that you have no objections to goods being confiscated
Sir ajay, Thanks for telling me. What can I do to avoid the penalty? I don’t have payment proof and invoice. Please tell me what to do? Approximately how much charges will be there? How can i cancel the order? Without paying charges
If goods had been received as gift in reply to show cause notice produce documentary evidence that goods were given as gift to you
You are issued a show cause notice by the department of customs for having not paid the customs duty as is applicable and for the reasons stated in the said notice.
Therefore it is pertinent that you issue a reply notice explaining the reasons from your side or admitting the fault on your side and retrieve the parcel by paying the leviable penalty to close the matter or you can allow the customs department to confiscate the imported item.
You decide based on the value of the item and the penalty that is leviable, if it is worth enough. .
If you do not want the item to be delivered or unable to pay the penalty as intimated, you can inform the department about it and can ask them either to return the same or confiscate the same owing to your inability to pay the penalty to take back the item, no penalty would be imposed ion you if you refuse to take the delivery of item
You cannot be forced to take the item, but you may have to lose the item imported if you do not pay the penalty amount that has been intimated to you.
The sender merchant may not accept your request for cancellation after having dispatched the ordered item.
You can, instead, issue a reply notice to the department concerned expressing your innocence of the law or the details what they have implicated in this, you can therefore explain your circumstances and request them to confiscate the item for non payment of the penalty amount.
Sir T Kalaiselvan, Thanks for your reply. How can i reply them (by calling or mailing) and what to tell? Can i tell please cancel the order or confiscate the product. I don’t want it and I can neither pay the custom duty or penalty. Since the order was not delivered… Will any legal action will be taken against me or any penalty will be there? Where can i mail or call them? If they refuse to return then? I don’t have payment proof and receipt and it’s impossible to get. Please tell me clearly so i will be comfortable.
You have to give them a reply in writing by sending your reply by registered post.
You can very well expr3ess your innocence about the unvder value of the item imported and can express your inability to pay the penalty.
You can categorically state that since you are not able to pay the penalty and to take delivery of the item, you are willing to forego the item and that hereby authorise the authority concerned to confiscate the item as per provisions of law for the reasons thereby.
No legal action can be taken agaisnt you if there is no fault on yor side, it was the sender who had not paid the proper customs duty or not made the proper declaration of the item, hence you cannot be held responsible for a third party's fault.
If the authority concerned is insisting on any other measure, you can engage the services of an advocate and issue a proper reply notice as per provisions of law so that the department will certainly follow the procedures of law subsequently if a lawyer is involved in this mess.
Last 3 questions I have. Those are: 1. Can I mail or call them (mentioned in top of letter) 2. What happen if i will not reply or call or message them? Any penalty will be there? (Except seizing) 3. After seizing my package, will I have to pay any penalty? I don’t want product anymore thats why i am asking.
You can send reply by email and also by speed post AD or registered post
you can in reply state that you have no objections to goods being confiscated
Besides confiscation of goods penalty would be imposed upon you
1. You were suggested to issue a reply notice by registered post.
2. Nothing, they will close the matter at their end by confiscating the item without yo9ur knowledge.
3. Perhaps not, however to avoid any such situation, it is advised that you inform them about your inability to pay the penalty so that they can take action as per law.
Ajay, you mean I have to pay penalty if product seized or you mean pay penalty or you will loose the product?
It is simple that you lose the product if you are not willing to accept the delivery of the produce by paying the penalty imposed, now what is your confusion about it, don't get confused by thinking a lot about this simple issue.
You can engage the services of any advocate if the situation is becoming complicated, until then you don't become a reason to complicate the things on your own due to your confusion or misunderstanding or fear.
If goods are confiscated penalty would be imposed upon you
Dear client This is a notice from the Customs department regarding a postal consignment (Tracking No. x and M. No. x/23) imported by Shri/Smt. x. The consignment was declared to contain a mouse for personal use but was found to be undervalued and mis-declared as a gift. The importer has been called upon to provide proper documentation, including an invoice and payment details, and to respond to the Customs department's observations within 10 days. Failure to do so may result in the assessment of fair value for the goods, confiscation of the goods under the Customs Act 1962, and imposition of a penalty on the importer under the same act.
If it is prohibited then 5000 is the fine for custom
