2008 (1) TMI 169 - AT - Customs

Duty was paid in excess by mistake/error correction B/L & packing list indicate lesser number of items but bill of foreign supplier on which duty has been paid indicate higher number of items contention of revenue that this correction will amount to reassessment is not acceptable - impugned error is apparent on face of record , it should be rectified u/s 154 Custom Act - refund should have been granted to the appellant as there is no allegation of misdeclaration in SCN

Summary

Issues:
- Appeal against Order-in-Appeal No. 14(CRC) /2007(JNCH) dated 26-3-2007.
- Refund claim for excess duty paid due to error in calculating assessable value.
- Applicability of Section 149 and Section 154 of the Customs Act, 1962.
- Interpretation of clerical errors correction provision under Section 154.
- Error apparent on the face of the record in the assessment.

Analysis:
The appellant imported Sub Assembly of Indoor Unit with Remote Controller wall Mount Type 1.5T and filed a refund claim for excess duty paid due to an error in calculating the assessable value. The adjudicating authority and Commissioner (Appeals) rejected the refund claim, stating that the appellant cannot seek a refund for re-assessment of the Bill of Entry, which had already attained finality.

The appellant's advocate argued that the correct quantity of packets received was declared accurately, and the issue falls under Section 149, warranting a refund. He contended that they were not challenging the assessment but seeking correction for the error in quantity declaration. The lower authorities' reliance on a Supreme Court decision was deemed misplaced as the circumstances differed.

The Senior Departmental Representative (SDR) argued that the appellant should have challenged the assessment first to identify the error, and Section 149 does not cover this situation. The SDR supported the lower authorities' decision based on the Supreme Court ruling, asserting that no interference was necessary.

Upon review, it was found that the appellant received 3624 sets of sub-assembly but erroneously declared the value for 3931 sets, leading to excess duty payment. The provision of Section 154 allows correction of clerical errors, including arithmetical mistakes in decisions or orders. As there was an error apparent on the face of the record, the refund should have been granted under Section 154, without delving into the application of Section 149.

Consequently, the impugned order denying the refund was set aside, and the appeal was allowed with any consequential relief. The judgment emphasized the correction of clerical errors under Section 154 to rectify errors apparent on the face of the record, ensuring justice in duty payment assessments.