Penalty would be imposed upon you even if you don’t reply to show cause notice .goods would be confiscated
Call notice
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. My friend sent me a jacket and by mistakenly he mentioned the lower price for the product, this product is on hold. I received this letter today through post office. What if I will ignore this message? Any legal action or penalty will be taken against me if I will not take the product. I want to cancel this order somehow
Asked 3 years ago in Taxation
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5 Answers
Once the ordered item has been dispatched you cannot be permitted to cancel the order.
If you do not want to pay the penalty or to receive the item then you can issue a reply notice to the customs department expressing your unwillingness to pay the penalty towards undervalued imported item and can inform them that you are ready to forego the item by which they are authorised to confiscate the item.
If at all the department is sending any other notice, you can engage the services of an advocate to challenge their further order as per provisions of law.
You can proceed with further steps as suggested.
I you just ignore the notice, your consignment will be confiscated, nothing more than that can happen under law.
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.
Only if it is a prohibited product then you need to take necessary precautions otherwise it's ok
