2007 (6) TMI 329 - AT - Customs

Refund - Import - Re-assessment - Amendment to Bill of Entry - Held that - Section 149 provides for amendment of Bills of Entry even after the clearance of goods provided the amendment is made on the basis of documents that were in existence at the time the goods were cleared. It is open to the assessee to approach the department for re-assessment of the impugned Bills of Entry in accordance with law - appeal allowed subject to test of unjust enrichment.

Summary

Issues:
1. Refund of anti-dumping duty paid on imported consignments of Calcium Carbide under DEPB scheme.
2. Rejection of refund claims by Dy. Commissioner of Customs (Refunds) and Commissioner (Appeals).
3. Applicability of the Apex Court decision in Priya Blue Industries v. Commissioner of Customs and CCE v. Flock India.
4. Interpretation of Section 149 of the Customs Act for amending Bills of Entry post-clearance.

Analysis:
1. The appellants imported two consignments of Calcium Carbide from China under the DEPB scheme and paid anti-dumping duty. Upon realizing that the duty was not payable, they sought a refund, which was rejected by the Dy. Commissioner of Customs (Refunds). The Commissioner (Appeals) upheld this decision, stating that the refund claim was invalid as it did not challenge the initial assessment made on the Bills of Entry. The Commissioner relied on the principle that duty becomes payable as per the assessment order unless reviewed or modified through the proper channels.

2. The appellants argued that they paid the duty erroneously due to incorrect assessment on the Bills of Entry. They contended that once the goods were accurately declared, it was the duty of the customs officer to assess the correct duty. Therefore, any excess amount collected should be refunded without the need for the importer to challenge the assessment separately. The appellants referenced a Tribunal decision in a similar case to support their argument.

3. The Tribunal acknowledged the appellants' argument and highlighted the provision of Section 149 of the Customs Act, which allows for amending Bills of Entry even after goods clearance based on existing documents. The Tribunal directed the appellants to approach the department for re-assessment of the Bills of Entry to determine the correct duty amount, following the precedent set by the IP Rings case. The Tribunal ruled that the appellants would be eligible for a refund if found not to be unjustly enriched.

4. The Senior Departmental Representative (SDR) agreed with the Tribunal's decision, recognizing the appellants' right to seek re-assessment of the Bills of Entry to determine the accurate duty amount. The Tribunal's judgment emphasized the importance of following legal procedures for refund claims and amending Bills of Entry post-clearance, ensuring compliance with the Customs Act and preventing unjust enrichment.