2011 (1) TMI 332 - AT - Customs

Refund - Clerical error - The respondents are engaged in the manufacture of modem and multiplexes - They imported various spares and parts and filed a Bill of Entry for the same declaring various prices - Duty was paid on the declared value and the goods were cleared - However, at the time of clearing the last consignment on 4-12-2004, they detected that the value shown in two invoices by the supplier was higher than the contracted purchase price - Supplier who apologized and informed that logistic department have delivered shipment under wrong invoices - Held that this being a case of wrong mentioning of the price in the invoice, other than the one agreed upon purchase order, is a clear case of clerical error covered by the provision of Section 154 of the Customs Act - Hence, reject the appeal filed by the Revenue.

Summary

Issues:
Refund claim of excess duty paid due to incorrect invoices; Rejection of refund claim by Adjudicating Authority; Appeal against Adjudicating Authority's decision; Interpretation of Section 154 of the Customs Act 1962; Dispute over applicability of Priya Blue Industries Ltd. decision; Commissioner (Appeals) decision on the case.

Analysis:
The case involved a dispute over a refund claim of excess duty paid due to incorrect invoices. The respondents, engaged in manufacturing, imported spares and parts with declared prices. Upon detecting discrepancies in the invoices at the time of clearing the last consignment, they filed a refund claim. The Adjudicating Authority accepted the mistake but rejected the claim citing non-challenge of the assessment order as per the Priya Blue Industries Ltd. decision. The Commissioner (Appeals) acknowledged the error in invoicing by the supplier and allowed the appeal, citing Section 154 of the Customs Act 1962 for correction of clerical errors.

The Adjudicating Authority's rejection of the refund claim was based on the importer not challenging the assessment order as per the Priya Blue Industries Ltd. decision. However, the Commissioner (Appeals) found that the case fell under Section 154 of the Customs Act 1962, as the excess duty was paid due to incorrect invoices, constituting a clerical error. The Commissioner's decision highlighted the supplier's apology and submission of revised invoices as evidence supporting the refund claim.

The Appellate Tribunal upheld the Commissioner (Appeals) decision, emphasizing that the case involved a clear clerical error due to wrong mentioning of prices in the invoices compared to the purchase order. The Tribunal noted that there was no dispute between the importer and the department challenging the assessment order, indicating a straightforward case of clerical error covered by Section 154 of the Customs Act 1962. The Tribunal rejected the Revenue's appeal, affirming the applicability of the Commissioner (Appeals) decision in allowing the refund claim.

In conclusion, the case revolved around the interpretation of Section 154 of the Customs Act 1962 concerning correction of clerical errors in duty payments due to incorrect invoices. The decisions by the Adjudicating Authority, Commissioner (Appeals), and the Appellate Tribunal focused on the application of legal principles and precedents to determine the eligibility of the refund claim based on the specific circumstances of the case.