2012 (11) TMI 693 - AT - Customs

Demand of duty re-assessment of the Bills of Entry - re-assessment of the Bills of Entry, which were incidentally finally assessed on 25-5-2001 Held that - The provisions of Customs Act, 1962, clearly lay down that the assessment of Bill of Entry is an appealable decision and if the said Bills of Entry were indicated as finally assessed and there being no change in rate of duty as well as amount of duty, there cannot be any presumption that said Bills of Entry were provisionally assessed and remained to be provisionally assessed. - Decided in favor of assessee.

Summary

Issues:
Reassessment of Bills of Entry provisionally assessed and finally assessed.

Analysis:
The appeal was filed by the Revenue against Order-in-Appeal No. 54/JAM/2006, dated 8-3-2006, concerning the import of Cotton Seed Oil seeking duty exemption under Notification No. 20/1999-Cus. A show cause notice was issued to the respondent for demanding differential duty despite provisional assessment of Bills of Entry. The Commissioner (Appeals) set aside the order-in-original, stating that the show cause notice should not have been issued without finalizing assessment. Another show cause notice was issued, and the Bills of Entry were finally assessed on 25-5-2001. The Revenue appealed, challenging the finalization of assessment. The main issue was the reassessment done by the adjudicating authority on the Bills of Entry, which were provisionally assessed and then finally assessed on 25-5-2001.

The Tribunal found that the Bills of Entry were stamped as finally assessed on 25-5-2001, and there was no change in the rate or amount of duty. The Revenue's claim that the Bills were provisionally assessed and subject to change based on test results was deemed incorrect. The first appellate authority detailed that the re-assessment of Bills of Entry was not valid. It emphasized that the assessment of Bills of Entry is an appealable decision, and any change in assessment parameters should be clearly referenced on the face of the Bill of Entry. The Tribunal highlighted that the assessment of a Bill of Entry is a quasi-judicial decision and cannot be reassessed without following the prescribed statutory procedure. It was noted that the show cause notice and adjudication orders did not aim at final assessment but had different purposes.

The Tribunal upheld the findings of the first appellate authority, stating that the re-assessment of finally concluded assessment by the adjudicating authority was unauthorized. The Tribunal rejected the Revenue's appeal, concluding that the impugned order was legal and in accordance with the Customs Act, 1962. The judgment emphasized the importance of maintaining the sanctity of assessed Bills of Entry and following the established legal procedures for assessment and reassessment.