Pr DG of DRI can
Appoint Commissioner to Adjudicate Cases
[CBIC
Circular No. 39/2019-Customs dated 28th November, 2019]
Subject:
Appointment of Common Adjudicating Authority.
Attention
is invited to Notification No. 60/2015-Customs (N.T.) dated 04.06.2015 as
amended, vide which the Central Government had directed that the powers of the
Central Board of Excise and Customs (Now Central Board of Indirect Taxes and
Customs) under section 4 and section 5 of the Customs Act, 1962 be exercised
also by the Principal Director General or Director General, Directorate General
of Revenue Intelligence for appointing officers of the rank mentioned therein
for the purposes of adjudication of cases investigated by that Directorate.
Attention is also drawn to the Board’s Circular No. 18/2015-Customs dated 09.06.2015
and Circular No. 30/2015-Customs dated the 4th December, 2015 which lay down guidelines
for appointment of Additional Director General (Adjudication), DRI as Common Adjudicating
Authority.
2. Reference
has been received from the Directorate of Revenue Intelligence highlighting
pendency with the Additional Director General (Adjudication) on account of
increase in number of cases and/or complexity involved. Accordingly, DRI has
proposed that Pr. DG or DG DRI may also be empowered to assign cases to the
field Commissioner of Customs.
3. The
matter has been examined in the Board. It is observed that vide notification
No. No. 60/2015-Customs (N.T.) dated 04.06.2015, Principal Director General/
Director General of DRI has already been empowered to appoint officers of the
rank of Commissioner of Customs or Additional Director General of the said
Directorate for the purpose of adjudication of cases investigated by that
Directorate. In view of the same, Circular No. 30/2015-Customs is partially
modified so as to allow Pr. DG/DG DRI to appoint officers of the rank of
Principal Commissioner/ Commissioner of Customs as adjudicating authorities in
respect of specified cases. This would be in addition to the authority to
appoint Additional Director General (Adjudication) as an adjudicating
authority.
Cases
falling within the jurisdiction of a Single Commissionerate, may be assigned to
the executive Pr. Commissioner/ Commissioner having jurisdiction over that
Commissionerate for the purposes of adjudication. However, cases falling within
the jurisdiction of a multiple Commissionerates may be assigned to the Pr.
Commissioner/ Commissioner where the highest demand of duty has been made in
the Show Cause Notice.
5. Difficulty
faced, if any, may be brought to the notice of the Board, urgently.
F.
No. 437/03/2019-Cus.-IV