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2016 (2) TMI 357 - CESTAT AHMEDABAD

2016 (2) TMI 357 - CESTAT AHMEDABAD - 2016 (337) E.L.T. 388 (Tri. - Ahmd.) - Rectification of order - Finalization of provisional assessment - Ex-bond Bills of Entry in respect of both imported and indigenous crude oil - warehoused goods - appellant informed the Deputy Commissioner that the Ex-bond Bill of Entry was actually indigenous crude oil and by mistake, it was recorded as a imported crude oil in the final assessment order - Held that:- Section 154 of the Act, is an independent provisions .....

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late authority to determine facts and law of the case. - Matter remanded back. - Appeal No. : C/11335/2013 - Order No. A/11881 / 2015 - Dated:- 31-12-2015 - MR. P.K. DAS, MEMBER (JUDICIAL) AND MR. P.M, SALEEM, MEMBER (TECHNICAL) For the Petitioner : Shri Willingdon Christian, Advocate For the Respondent : Shri Alok Srivastava, Authorised Representative ORDER PER: P.K. DAS The relevant facts of the case, in brief, are that the appellants procured imported crude oil and indigenous crude oil throug .....

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ore, as per Board circular, they have submitted Ex-bond Bills of Entry in respect of both imported and indigenous crude oil. By letter dated 11.09.2008, the appellant informed the Deputy Commissioner, Central Excise & Customs Division-IV, Vadodara-I that the Ex-bond Bill of Entry No. 123 dated 10.08.2004 was actually indigenous crude oil and by mistake, it was recorded as a imported crude oil in the final assessment order by Letter Dated 22.02.2008. Thereafter, the appellant made several cor .....

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take under the provisions of section 154 of the Act. The appellant filed an appeal before the Commissioner (Appeals). By the impugned order, the Commissioner (Appeals) rejected their appeal. Hence, the appellant filed this appeal. 2. After hearing both the sides and on perusal of the records, we find that the appellant requested the Department for correction of clerical error in the finalization of provisional assessment by order letter dated 22.02.2008 to the extent that a consignment of indige .....

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of the Bill of Entry under the provisions of Section 154 of the Customs Act, 1962. 3. For the purpose of proper appreciation of the case, we reproduce the communication dated 08.09.2011 of the Assistant Commissioner Central Excise and Customs Division-IV, Vadodara-I as under:- Please refer to your letter F. No. JRF/A17/B.E.20/04-05 dated 13.07.2011 the above subject. On going through the relevant records it is noticed that Deputy Commissioner, Central Excise Customs, division-IV, Vadodara-I vide .....

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reads as such:- Section 154. Correction of 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. 5. On plain reading of Section 154 of the Act, it is clear that a .....

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