2019 (7) TMI 1060 - AT - Customs

Maintainability of appeal - refund claim - appropriate forum - importer sought recall of bill of entry and amend the same and allow refund - HELD THAT - In the regime of self-assessment, reassessment by an assessing officer requires issue of order of justification which may be challenged in appeal. However, duty paid in excess of that prescribed by law cannot be retained by the exchequer and eligibility to the benefit of notification no. 21/2002- Cus dated 1st March 2002 is not in question here. It would appear that the letter dated 9th September 2011 sought for recall of the bills of entry to make the necessary emendations therein to restrict liability to duties as imposed by law. Though reassessment prescribed for in section 17 of Customs Act, 1962 is not an option to be invoked by the importer, the erroneous deployment of that in the said letter does not preclude the application of any other relevant provision in the statute. The request for re-assessment be treated as application under section 149 of Customs Act, 1962 for amendment of the bills of entry. The proper officer may therefore consider this application and pass appropriate order in accordance with law - appeal disposed off.

Summary

Issues:
1. Classification of goods under Central Excise Tariff Act, 1975
2. Claim for refund of excess duty under notification no. 21/2002-Cus
3. Maintainability of appeal regarding self-assessment approval

Analysis:
1. The judgment pertains to the classification of 'rayon filament yarn' under heading no. 5403 3200 of the First Schedule to the Central Excise Tariff Act, 1975. The appellant sought a refund of excess duty amounting to &8377;6,06,217/- under notification no. 21/2002-Cus dated 1st March 2002. The Commissioner of Customs (Appeals) upheld the original authority's decision, which led to the appeal challenging the classification and rate of duty.

2. The appellant's request for re-assessment of bills of entry was denied, leading to the claim for refund being rejected. The first appellate authority deemed the appeal as not maintainable since the self-assessment by the proper officer was accepted without alteration. However, the Tribunal clarified that while reassessment by an assessing officer necessitates an order of justification, duty paid in excess of the prescribed amount cannot be withheld by the exchequer. The eligibility for the benefit of the notification was not in dispute.

3. The Tribunal directed that the request for re-assessment should be treated as an application under section 149 of the Customs Act, 1962, for amending the bills of entry. This decision was based on the understanding that while reassessment per se could not be invoked by the importer, other relevant provisions in the statute could be utilized. The proper officer was instructed to consider the application, issue an appropriate order in compliance with the law, and provide the appellant with an opportunity to be heard.

In conclusion, the appeal was disposed of with the Tribunal's decision to treat the request for re-assessment as an application under the Customs Act, 1962, ensuring that the appellant's claim for refund of excess duty was duly considered and addressed in accordance with the law.