2018 (2) TMI 1847 - AT - Customs

Maintainability of appeal - Section 128 of the Customs Act, 1962 - error in the invoice - Held that - Without commenting on the correctness of such claim, we note that correct legal course is to bring it to the notice of the assessing authority for his acceptance or otherwise resulting in a reassessment of the duty liability based on the revised facts, by the assessing authority - In the present case no such course of action has been taken by the appellant. In the present case, the original assessment stands and the grievance is directly to the appellate authority without the original authority examining the purported error made by the appellant - the order of the Commissioner (Appeals) cannot be interfered with. Appeal rejected.

Summary

Issues:
Appeal against rejection of appeal by Commissioner (Appeals) under Section 128 of the Customs Act, 1962 due to lack of order or decision by the original authority.

Analysis:
The appellant filed a Bill of Entry for clearance of pumps, assessed at Euro 95,815.60, paid duty of &8377; 14,33,112/-. Later, realizing an error in the invoice, they claimed the correct value to be Euro 20,437.80, seeking a refund of excess duty paid. The Commissioner (Appeals) rejected the appeal, stating no order or decision by the original authority was subject to appeal.

The appellant's counsel argued they discovered the error post-assessment, appealing for reassessment based on the correct invoice. However, no evidence of requesting reassessment or refund application was presented. The Assistant Revenue opposed, emphasizing the need to address errors with the original assessing authority before seeking appellate intervention.

After hearing both sides, the Tribunal acknowledged the admitted error in the invoice but stressed the proper legal procedure required notifying the assessing authority for reassessment. The appellant's direct appeal without involving the original authority was deemed improper. Citing a Supreme Court decision, the Tribunal upheld the Commissioner (Appeals) ruling, stating they couldn't interfere without the original authority examining the alleged error.

In conclusion, the Tribunal rejected the appeal, emphasizing the necessity of following the correct legal course by addressing errors with the assessing authority before seeking appellate review. The decision highlighted the importance of procedural adherence and the limitations of appellate intervention without prior assessment review.