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Core Purpose

Notification specifying the assignment of de-novo adjudication authority under the Customs Act, 1962 for certain remanded notices involving both customs and central excise duty related to hundred percent export oriented undertakings.

Detailed Summary

The Ministry of Finance (Department of Revenue), Central Board of Indirect Taxes and Customs, vide Notification No. 35/2025 - Customs (N.T.), S.O. 2279(E), dated 16th May, 2025, exercises powers conferred by sub-section (1) of section 4 read with section 3 and sub-sections (1) and (1A) of section 5 of the Customs Act, 1962 (52 of 1962). This notification follows previous appointments of customs officers as Central Excise Officers for hundred percent export oriented undertakings (EOU) under notification No. 38/2001-Central Excise (N.T.) dated 26th June, 2001 (G.S.R. 467(E)), and the subsequent transfer of jurisdiction to Customs officers vide notifications No. 52/2003-Customs dated 31st March, 2003 (G.S.R. 274(E)) and No. 79/2018-Customs dated 6th December, 2018 (G.S.R. 1176(E)). The Board specifies the assignment for de-novo adjudication under the Customs Act, 1962, for notices having demand of both customs duty and central excise duty, originally adjudicated by Central Excise Officers under rule 3 of the Central Excise Rules, 2002, that have been remanded back and are pending. Notices involving aggregate duty up to rupees five lakhs shall be adjudicated by the Deputy Commissioner of Customs or Assistant Commissioner of Customs; up to rupees fifty lakhs by the Additional Commissioner of Customs or Joint Commissioner of Customs; and above rupees fifty lakhs by the Principal Commissioner of Customs or Commissioner of Customs, all having jurisdiction over the concerned EOU unit. The notification comes into force on the date of its publication in the Official Gazette. It is issued under F. No. 450/162/2023-Cus IV and signed by R. Ananth, Director (Customs).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-21052025-263260 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 2225] NEW DELHI, WEDNESDAY, MAY 21, 2025/VAISAKHA 31, 1947 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) NOTIFICATION New Delhi, the 16th May, 2025 [No. 35/2025 - Customs (Ν.Τ.)] S.O. 2279(E).—WHEREAS the officers of customs, in whose jurisdiction hundred percent export oriented undertakings (EOU) are located, are appointed as Central Excise Officers and invested with all the powers, to be exercised by them throughout the territory of India, of an officer of Central Excise of the rank specified under serial No. 7 of the notification [No. 38/2001-Central Excise (N.T.)], published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R. 467(E), dated the 26th June, 2001; AND WHEREAS, the jurisdiction exercised by the officers of Central Excise for hundred percent export oriented undertakings has been transferred to the officers of Customs vide notification [No. 52/2003-Customs], published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R. 274(E), dated the 31st March, 2003 and notification [No. 79/2018-Customs], published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R. 1176(E), dated the 6th December, 2018; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of section 4 read with section 3 and sub-sections (1) and (1A) of section 5 of the Customs Act, 1962(52 of 1962) (hereinafter referred as to as the said Act), the Central Board of Indirect Taxes and Customs, being satisfied that it is necessary so to do, specifies that, where any notice having demand of both customs duty and central excise duty and were originally adjudicated by the Central Excise Officer in terms of rule 3 of the Central Excise Rules, 2002, has been remanded back and is pending for de-novo adjudication in relation to that hundred percent export oriented undertakings, such notice shall stand assigned for the purpose of adjudication under the said Act, in the following manner, namely:- (i) notice involving aggregate duty up to rupees five lakhs, by Deputy Commissioner of Customs or Assistant Commissioner of Customs having jurisdiction over such hundred percent export oriented undertakings unit; (ii) notice involving aggregate duty up to rupees fifty lakhs, by Additional Commissioner of Customs or Joint Commissioner of Customs having jurisdiction over such hundred percent export oriented undertakings unit; and (iii) notice involving aggregate duty above rupees fifty lakhs, by Principal Commissioner of Customs or Commissioner of Customs having jurisdiction over such hundred percent export oriented undertakings unit. 2. This notification shall come into force on the date of its publication in the Official Gazette. [F. No. 450/162/2023-Cus IV] R. ANANTH, Director (Customs)

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