2008 (1) TMI 710 - AT - Customs

Summary

Issues:
1. Direction for re-opening and re-assessment of the impugned Bill of Entry by the Commissioner (Appeals).

Analysis:
The appeal was filed by the Revenue against the Order-in-Appeal, where the Commissioner (Appeals) remanded the matter back to the adjudicating authority for re-assessment of the Bill of Entry. The Commissioner (Appeals) directed for re-opening of the impugned Bill of Entry based on the appellant's submissions regarding entitlement to a specific exemption. However, the Tribunal found this direction to be erroneous, stating that a re-look at the entire proceedings should have been directed instead of specifically focusing on the Bill of Entry. The Tribunal held that the order to reopen the assessment was unwarranted, and only the part of the order remanding the matter for re-looking was upheld. The Tribunal directed the original authority to consider the issue comprehensively and make a conclusion accordingly. The appeal filed by the Revenue was disposed of in accordance with this decision.