2011 (6) TMI 621 - AT - Customs

Refund - Amendment of bill of entry - respondent filed a bill of entry No. 701401, dated 29-8-2008 and paid appropriate duty and cleared the imported goods. After clearance they found that the goods were eligible for concessional rate of duty under Notification No. 25/98-Cus. and 69/04 respondent filed refund claim for the customs duty paid under the aforesaid bill of entry The contention of the Revenue is that the respondent has at no stage challenged the assessment order, therefore, the refund claim was rightly rejected by the lower adjudicating authority, while relying upon the Priya Blue Industries (2004 -TMI - 47045 - SUPREME COURT OF INDIA). - Held that - no amendment of Bill of Entry shall be so authorised to be amended after the imported goods have been cleared for home consumption. goods were cleared for home consumption. Revenue s appeal is allowed

Summary

Issues:
1. Appeal against order directing amendment of bill of entry for refund claim eligibility.
2. Maintainability of refund claim without challenging assessment order.
3. Interpretation of Sections 17(5) and 149 of the Customs Act, 1962 for amendment of bill of entry post-clearance.

Analysis:
1. The appeal was filed by the Revenue against an order directing the respondent to approach the proper officer for amending the bill of entry to claim a refund under concessional duty rates after clearance of imported goods. The Commissioner (Appeals) had based this direction on Sections 17(5) and 149 of the Customs Act, 1962.

2. The Revenue contended that since the assessment of the bill of entry was not challenged, the refund claim was rightly rejected. They relied on the decision in Priya Blue Industries case to support their argument. The issue was whether a refund claim can be maintained without challenging the assessment order, which had attained finality. The Revenue cited a Tribunal decision to strengthen their position.

3. The respondent argued that there was a genuine mistake in not claiming the concessional rate initially and sought amendment under Sections 17(5) and 149 of the Customs Act, 1962. They referenced previous Tribunal decisions to support their stance. The respondent emphasized that the amendment or correction of the bill of entry should be allowed to rectify such mistakes post-clearance.

4. The judgment analyzed the relevant provisions of the Customs Act, 1962, specifically Sections 17(5) and 149. It was highlighted that Section 17(5) applies when the assessment is contrary to the importer's claim, which was not the case here as the duty was paid and goods cleared without contesting the assessment. Similarly, Section 149 prohibits amending a bill of entry after goods are cleared for home consumption, which was the situation in this case.

5. The judgment distinguished the Tribunal decisions cited by the respondent, emphasizing that those cases involved different factual scenarios and were not directly applicable. It was noted that the proper course for claiming the benefit of a notification was through an appeal against the assessment order, as established in the Priya Blue Industries case, which the appellant failed to pursue.

6. Ultimately, the Commissioner (Appeals)'s order was set aside, and the Revenue's appeal was allowed, emphasizing that the provisions of Sections 17(5) and 149 of the Customs Act, 1962 did not support the respondent's claim for amendment post-clearance. The judgment was pronounced on 28-6-2011.