2009 (12) TMI 799 - AT - Customs

Summary

Issues:
1. Challenge of assessment on the Bill of Entry for imported goods under the EPCG scheme.
2. Request for cancellation of Bill of Entry, recredit of EPCG license, and refund of customs duty.
3. Appeal before the Commissioner (Appeals) under Section 128 of the Customs Act, 1962.
4. Time-barred appeal due to delay in filing.

Analysis:

1. The appellants imported an "Air Compressor with Line reactor" from the USA under the EPCG scheme. Upon realizing that the received compressor was not the one they had ordered, they sought cancellation of the Bill of Entry, recredit of the EPCG license, and refund of customs duty paid. The request for cancellation was based on the incorrect dispatch of the machine through Chennai port instead of Mumbai, as clarified by the supplier. The Customs authorities rejected the request, stating that the consignment had already been moved in transhipment at Mumbai. The appeal before the Commissioner (Appeals) was dismissed on the grounds that the assessment on the Bill of Entry was not challenged within the statutory time limit, rendering the appeal time-barred.

2. During the hearing, it was emphasized that once the appellants became aware that the imported goods were not intended for them, they were obligated to challenge the assessment made on the Bill of Entry. The legal requirement mandated challenging the assessment in such situations. The argument presented by the counsel for the appellants, suggesting that they were taking steps to protest against the duty demand on the incorrect goods and only required correction under Section 154 or amendment under Section 149 of the Customs Act, was deemed untenable. The judge highlighted that the case did not fall under the purview of Section 154 or Section 149, as the appellants did not seek an amendment to the Bill of Entry but rather requested its cancellation. As the appeal was filed beyond the statutory limitation period of 60 days from the assessment, and even beyond the extended period within which the Commissioner (Appeals) could condone the delay, the impugned order was upheld, and the appeal was rejected.

In conclusion, the judgment underscores the importance of timely challenging assessments on imported goods and clarifies the legal requirements for seeking corrections or amendments to Bill of Entry under the Customs Act. The dismissal of the appeal due to being time-barred serves as a reminder of the significance of adhering to statutory timelines in customs matters.