Custom

Custom Guidelines-launching of prosecution. Gold included in the stage for launching prosecution immediately after issue of show cause notice

Custom Guidelines-launching of prosecution. Gold included in the stage for prosecution can be launched immediately after issuance of show cause notice

Circular No. 46/2016- Customs
F.No. 394/68/2013-Cus (AS)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs (Anti-Smuggling Unit)
***

Room No. 512, 5th Floor, Hudco Vishala Building,
R. K. Puram , New Delhi, dated 4th October 2016

To
All Principal Chief/Chief Commissioner of Customs/Customs  (Preventive)/Central Excise/Service Tax
2. 
All Principal Directors General/ Directors General of CBEC.
3. All Principal Commissioners/Commissioners  of Customs/ Customs (Preventive)/Central Excise/Service Tax
4. Chief Commissioner (Authorised Representative – CESTAT)
5. All Principal Commissioners/Commissioners of Directorates under CBEC
6. Settlement Commission
7.Webmaster, CBEC website

Subject: Guidelines for launching of prosecution in relation to offences punishable under the Customs Act, 1962- reg.

Madam/Sir,

Kind reference is invited to prosecution guidelines issued vide Board’s Circular No. 27/2015-Customs dated 23. 10.2015 on the above mentioned subject.

2. It has been decided to amend Para 6 of the aforesaid Circular to include Gold among items in relation to which prosecution may preferably be launched immediately after issuance of show cause Accordingly , the Para 6 of the existing guidelines shall be substituted as follows:

“Stage for Launching  of prosecution: Normally, prosecution may be launched immediately on completion of adjudication proceedings . However , prosecution in respect of cases involving offences relating to items i.e. Gold, FICN, arms, ammunitions  and explosives, antiques, art treasures, wild life items and endangered species of flora and fauna may preferably be launched immediately after issuance of show cause notice .

3. The Principal Chief/Chief Commissioners, Principal Directors General/ /Director Generals and Principal Commissioners/Commissioners are hereby requested to circulate the present amendment to the existing prosecution guidelines to all the formations under their charge. Difficulties , if any, in implementation of the aforesaid guidelines may be brought to the notice of the Board.

Yours faithfully,

(Rohit Anand)
Under Secretary to the Government of India

----------- Similar Posts: -----------
Share

Recent Posts

  • Income Tax

In absence of mala fide intention bank should not be treated as assessee in default

In absence of mala fide intention bank should not be treated as assessee in default for late deduction and deposit…

20 hours ago
  • Income Tax

Whether bank account was fraudulently open in the name of assessee is question of fact

Whether bank account was fraudulently open in the name of assessee is question of fact. High Court declined to entertain…

22 hours ago
  • Concurrent Audit

SBI Concurrent Auditor Empanelment of Chartered Accountant Firms 2024-25. Last date 18.05.2024

SBI Concurrent Auditor Empanelment of Chartered Accountant Firms for FY 2024-25 SBI Concurrent Auditor Empanelment of CA Firms for FY…

23 hours ago
  • Companies Act

Change in the constitution of Appellate Authority for CAs CSs and Cost Accountants

Change in the constitution of Appellate Authority for CAs CSs and Cost Accountants In 2015, the Ministry of Corporate Affairs…

2 days ago
  • VAT

Trade Tax refund withheld beyond stipulated period & adjusted from demand unjustified – SC

Trade Tax Department was unjustified in retaining refund beyond stipulated period and adjusting it against default notices issued subsequently. In…

2 days ago
  • Income Tax

Notice issued u/s 143(2) prior to filing of return of income assessee is invalid

Notice issued u/s 143(2) prior to filing of return of income by the assessee was invalid. Before filing ITR provisions…

3 days ago