2011 (4) TMI 294 - AT - Customs

Demurrage charges - Differential duty - Revenue preferred an appeal on the ground that inasmuch as the Bill of Entry were not challenged by the importer, enhanced value was required to be adopted for the purposes of assessment - Held that mention of the fact of issuance of Show Cause Notices by Superintendent in the said Bills of Entry amounts to final assessment of Bills of Entry by raising the assessable value and showing consequent amount of duty required to be confirmed against the importer - The very fact that the document is called Show Cause Notice itself reveals that the same has been issued to the importer requiring them to show cause as to why action proposed in the notice should not be taken against them. As such, proposal is required to be adjudicated in accordance with principles of natural justice and cannot be held to be final adjudication of the issue - Decided in favour of the assessee

Summary

Issues:
1. Interpretation of final assessment of Bills of Entry
2. Challenge to the assessed Bills of Entry
3. Show Cause Notices and their implications on assessment

Interpretation of final assessment of Bills of Entry:
The Tribunal considered the case where the Superintendent endorsed the Bills of Entry with a Show Cause Notice for differential duty, alleging discrepancies in the declared value. The Revenue contended that this endorsement constituted final assessment, thus requiring the importer to challenge it. However, the Tribunal disagreed, stating that a Show Cause Notice is merely a proposal for value enhancement and duty confirmation, subject to adjudication. They emphasized that such a notice does not equate to final assessment, as it necessitates proper adjudication and cannot be considered a confirmation of demand. The Tribunal highlighted the procedural nature of a Show Cause Notice, indicating that it does not represent a conclusive decision but rather a call for the importer to provide reasons against the proposed action.

Challenge to the assessed Bills of Entry:
The Revenue appealed against the Commissioner's decision, arguing that since the importer did not challenge the Bills of Entry, the enhanced value should be adopted for assessment purposes. However, the Tribunal observed that the Superintendent had not revised the declared price in the finally assessed Bills of Entry, leading to legal finality in favor of the importer. The Tribunal noted that the Revenue's sole contention was the alleged need for enhanced value adoption due to lack of importer challenge, but as the Assistant Commissioner's decision was not challenged on merit, the Revenue's argument lacked substance. Ultimately, the Tribunal rejected the Revenue's appeal, citing the lack of challenge to the impugned orders and the inadequacy of the Revenue's grounds for appeal.

Show Cause Notices and their implications on assessment:
The Tribunal examined the significance of Show Cause Notices issued by the Superintendent in the context of assessment. They clarified that the mention of Show Cause Notices in the Bills of Entry did not signify final assessment or confirmation of demand. The Tribunal emphasized that the Revenue's stance, equating the issuance of Show Cause Notices with confirmation of demand, contradicted legal principles. They reiterated that a Show Cause Notice initiates a proposal subject to adjudication, highlighting the procedural and non-conclusive nature of such notices. As the Revenue did not challenge the lower authorities' orders on merit and failed to provide a compelling argument, the Tribunal dismissed the Revenue's appeals, reinforcing the importance of proper assessment procedures and legal principles in customs matters.