2007 (7) TMI 439 - AT - Customs

Summary

Issues:
1. Correction of demand amount in the Final Order.
2. Consideration of important grounds in the Final Order.
3. Applicability of the proviso to Section 28(1) of the Customs Act.
4. Finalization of provisional assessment and duty demand.
5. Mutually exclusive nature of provisional assessment and demand under Section 28(1).

Correction of Demand Amount:
The RoM application sought correction of errors in the Final Order regarding the demand amount, which was mistakenly indicated twice. The Tribunal accepted this correction, stating that the demand should be shown only once, amounting to Rs. 75,78,417 for both orders.

Consideration of Important Grounds:
The appellant raised concerns about the Final Order not addressing crucial grounds in Para 4, including the applicability of certain legal provisions. The Tribunal acknowledged these grounds and provided detailed analysis and findings on each point raised by the appellant.

Applicability of Proviso to Section 28(1):
The issue revolved around whether the proviso to Section 28(1) of the Customs Act applied in the case, considering the absence of evidence implicating the importer in fraud. The Commissioner had directed the finalization of provisional assessment, leading to a dispute on the demand confirmation. The Tribunal examined the legal aspects and upheld the Commissioner's decision, emphasizing the Revenue's interest and duty recovery.

Finalization of Provisional Assessment and Duty Demand:
The Tribunal delved into the necessity of finalizing the provisional assessment due to forged DEPB scrips used for duty-free clearance. It highlighted the Revenue's obligation to recover lost revenue and justified the Commissioner's order for finalization, emphasizing the importance of protecting the exchequer's interests.

Mutually Exclusive Nature of Provisional Assessment and Demand:
The Tribunal addressed the argument that provisional assessment under Section 18 and demand under Section 28(1) proviso were mutually exclusive. It agreed with the appellants on this point and clarified that the Commissioner's decision to finalize the assessment was appropriate given the circumstances, ensuring duty liability enforcement.

In conclusion, the Tribunal rectified the demand amount error and rejected other prayers in the RoM application, providing detailed reasoning for each issue discussed. The judgment emphasized the legal obligations, revenue protection, and the necessity of finalizing provisional assessments in cases involving fraud or forged documents.

*(Pronounced in open Court on 10-7-2006)*