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2015 (11) TMI 84 - CESTAT CHENNAI

2015 (11) TMI 84 - CESTAT CHENNAI - 2016 (343) E.L.T. 602 (Tri. - Chennai) - Refund of excess duty paid to claim exemption under Notification No. 119/2008-Cus. - re-assessment / amendment of the bills of entry - Imported Ferro Molybdenum Held That:- assessing officer has a duty to assess according to the law and refusal to amend the document would result in an irregular assessment - amendment has to be allowed when a request is based on documentary evidence, which was in existence at the time .....

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led by Steel Authority of India Ltd. (hereinafter referred to as the "Appellants ) against the Order-in-Appeal C. Cus. No. 577/2010 dated 28.9.2010 passed by the learned Commissioner of Customs (Appeals), Chennai. 2. Few facts which are necessary for understanding the controversy are that the appellants imported Ferro Molybdenum and filed two Bills of Entry dated 31.10.2008 and 19.11.2008. The goods were cleared on payment of basic duty @ 10% advolorem. Subsequent to clearance of the goods .....

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, request of the appellants was turned down by the lower authority on the premise that any assessment order should be modified or reviewed by way of appeal as held by the Apex Court in the case of M/s. Priya Blue Industries - 2004 (172) ELT 145 (SC). 3. The appellant aggrieved by the said order of the Deputy Commissioner of Customs (Group 3 & 4) dated 11.12.2009 preferred an appeal before the learned Commissioner (Appeals). The Appellate Commissioner rejected the appeal on the ground that th .....

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by causing re-assessment of the goods after amending the bill of entry. The learned counsel relied on the following decisions: - (a) Hero Cycles Ltd. Vs. Union of India -2009 (240) ELT 490 (Bom.) (b) Commissioner of Customs, Mumbai Vs. Global Vectra Heicorp -2013 (297) ELT 250 (c) Bansal Alloys & Metals Pvt. Ltd. Vs. Commissioner of Customs, Amritsar -2009 (240) ELT 483 (P&H) (d) Share Medical Care Vs. Union of India -2007 (209) ELT 321 (SC) 5. The learned AR appearing for the Revenue w .....

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e at the time of import and thereafter to cause re-assessment. In the instant case, the appellant is claiming amendment and consequent re-assessment of the bill of entrysince the notification No 119/2008 dated 31.10.2008 was in existence at the time of filing of bill of entry. 7. Section 149 and Section 154 of Customs Act, 1962 are reproduced below: - "SECTION 149: Amendment of documents Save as otherwise provided in sections 30 and 41, the proper officer may, in his discretion, authorize a .....

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f clerical errors, etc. Clerical or arithmetical mistakes in any decision or order passed by the Central Government, the Board or any officer of customs under this Act, or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Central Government, the Board or such officer of customs or the successor in office of such officer, as the case may be." 8. From the above, it can be seen that as far as Section 149 is concerned, amendment is to be allowed o .....

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. We also find that the decision of Hon'ble High Court of Mumbai in Hero Cycles Ltd. Vs. Union of India (supra) relied upon by ld. Counsel is relevant and the relevant paragraphs 8 & 9 are reproduced below: "8. In the instant case, the Petitioners admittedly, based on the said notification were being granted benefit of the notification previous to the imports in issue and also subsequent to the imports in question. In other words, both the parties were aware of the said notification .....

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duty under mistake of raw and or in the instant case by oversight, cannot result in being assessed to duty which was otherwise not payable. In our opinion, this will be a case of manifest injustice and on the face of it erroneous. The facts of this case being so obvious, this would be a fit case for us to exercise our extraordinary jurisdiction. 9. Once we exercise our extraordinary jurisdiction, we will have to issue directions to the respondents to amend the original order of assessment. In so .....

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