DRI doesn’t have jurisdiction to issue SCN under Custom Act

Beriwala Impex Pvt. Ltd. Vs Commr. of Customs (Port) (CESTAT Kolkata) Facts- The appellant imported LDPE re-processed granules through Chennai and Kolkata ports and ICD Tughlakabad which were assessed by the proper officers and cleared for home consumption. DRI received information that the appellant had been resorting to undervaluation of the LDPE granules which resulted in short levy of duty and conducted searches, recorded statements and after completing investigation, came to the conclusion that the appellant had undervalued the imported goods. Additional Director General, DRI issued the S...