2015 (4) TMI 1177 - AT - Customs

Unjust enrichment - Chartered Accountant certificate - evidence - Held that - the appellant failed to show how the material provided the basis for Chartered Accounts certificate for the scrutiny of the court - Honble High Court of Madras in the case of Commissioner of Customs Vs. BPL Ltd. 2010 (7) TMI 66 - MADRAS HIGH COURT has held that the Chartered Accountants certificate is not conclusive evidence - appeal dismissed - decided against appellant.

Summary

Issues: Unjust enrichment, Amendment of Bill of Entry, Evidence adduced by appellant, Benefit of Chartered Accountant's certificate, Conclusive evidence

In the judgment delivered by the Appellate Tribunal CESTAT CHENNAI, the issue of unjust enrichment was central. The appellant claimed that it needed documents to prove that the billing prices of goods remained the same regardless of the customs duty paid. The amendment of the Bill of Entry was allowed under Section 149 of the Customs Act, 1962. However, the Revenue alleged that the appellant was unjustly enriched by the differential duty amount. The appellant failed to provide sufficient evidence to convince the Authority that it did not collect higher duty and unjustly benefit at the expense of Revenue.

The timeline of the case was also discussed, highlighting the repeated adjournments sought by the appellant. Despite multiple opportunities for the appellant to present evidence, there was a consistent failure to address the unjust enrichment allegation raised by the Revenue. The lack of evidence presented by the appellant continued to be a significant hurdle in the case.

The judgment referenced a decision by the Hon'ble High Court of Delhi in the case of Hero Motocorp Ltd. vs. Commissioner of Customs, emphasizing the importance of material evidence and the credibility of a Chartered Accountant's certificate. However, the appellant failed to demonstrate how the material provided the basis for the Chartered Accountant's certificate, leading to a failure to benefit from the High Court's decision.

Furthermore, the judgment cited a ruling by the Hon'ble High Court of Madras in the case of Commissioner of Customs vs. BPL Ltd., which stated that a Chartered Accountant's certificate is not conclusive evidence. It was emphasized that the ground materials supporting the claim must be presented, which the appellant failed to do. As a result, the appeal was dismissed based on the lack of substantiating evidence. The judgment was pronounced in open court, upholding the decision to dismiss the appeal due to the appellant's failure to provide adequate evidence to counter the unjust enrichment allegation.