Amendment in the bills of entry u/s 149 of the Customs Act, 1962 ...
Customs
April 13, 2024
Amendment in the bills of entry u/s 149 of the Customs Act, 1962 (CA ’62) - refund of excess duty paid - Re-classifying the goods by changing the CTH - The Tribunal noted that the Assistant Commissioner’s rejection letter was ambiguous and lacked substantive reasoning, which the Commissioner (Appeals) failed to rectify. It emphasized the need for a proper order, following principles of natural justice. - The Tribunal disagreed with the lower authorities' interpretation that amendments under Section 149 are impermissible post-clearance for changes impacting duty assessment. It pointed to higher judicial rulings that allowed such amendments where documentary evidence existed. - Consequently, the Tribunal set aside the previous order and remanded the case back for reassessment under the correct CTH.
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