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2023 (1) TMI 1061 - HC - CustomsAmendment in the shipping bill - Export Obligation against the Advance Authorisation - Duty Drawback scheme - Section 149 of the Customs Act, 1962 - HELD THAT - The judgment under appeal principally proceeded on the extent to which a Circular could prescribe the limits within which a request for amendment of Customs documents can be made. In the case on hand, respondents endeavour to elevate Circular No. 36/2010 to the level prescribed by the regulation. The definition clauses define what constitutes prescribed and regulations . The onus is on the respondents to demonstrate that irrespective of the year in which Circular no. 36/2010 was issued, the Circular still satisfies as one issued as a regulation under the Act by the Competent authority. The reading of Circular No.36/2010 looks more like guidelines for the Officers under Section 149 of the Act. Therefore, the judgment under appeal does not warrant our interference. It is taken note of the omission in excerpting Section 149 in the judgment under appeal. We have reproduced Section 149 of the Act effective from 01.08.2019 and tested the efficacy of Circular 36/2010 in the background of defined words under the Act. Circular No.36/2010 cannot be construed as a regulation issued under the Act. The power and scope of Section 149 are wide and have serious ramifications both for the revenue and the importer/exporter. Therefore, it is in the realm or jurisdiction of respondents herein to make Section 149 operable as prescribed by regulations subject to such terms and conditions as may be stipulated by the competent authority. Appeal disposed off.
Issues:
1. Request for issuance of a 'No Objection Letter' by the Customs authorities for availing export incentives. 2. Rejection of the request under Section 149 of the Customs Act, 1962. 3. Challenge to the rejection order through a writ petition. 4. Interpretation of Circular No. 36/2010 in relation to the time limit for requesting an amendment of Bills of Export. 5. Applicability of Section 149 of the Customs Act, effective from 01.08.2019, and its relationship with Circular No. 36/2010. Issue 1: Request for 'No Objection Letter' for export incentives: The writ petitioner sought a 'No Objection Letter' from the Customs authorities to fulfill export obligations and avail incentives under applicable schemes. The request was based on the export of various food products to countries like the US and UK. The petitioner highlighted the omission of Advance Authorisation details in the Bills of Export due to inadvertence. Issue 2: Rejection under Section 149 of the Customs Act: The rejection of the request was made under Section 149 of the Customs Act, 1962, citing non-compliance with Circular No. 36/2010. The rejection letter emphasized the failure to meet the requirements specified in the Circular, leading to the denial of the request for amendment of Bills of Export. Issue 3: Challenge through a writ petition: The writ petition challenged the rejection order dated 07.07.2020, arguing that Circulars cannot replace the statutory provisions of the Customs Act. The Single Judge set aside the rejection order, emphasizing the violation of Section 149 of the Act and directing the issuance of a 'No Objection Certification' within a specified timeframe. Issue 4: Interpretation of Circular No. 36/2010: The arguments presented by the parties focused on the time limit set by Circular No. 36/2010 for requesting amendments to Customs documents. The petitioner contended that the Circular's time limit did not align with the requirements of Section 149 of the Act, especially after its amendment in 2019. Issue 5: Applicability of Section 149 and Circular No. 36/2010: The discussion delved into the provisions of Section 149 of the Customs Act, effective from 01.08.2019, and its relationship with Circular No. 36/2010. The Court examined whether the Circular could be considered as a regulation under the Act, emphasizing the wide scope and implications of Section 149 on Customs procedures. In conclusion, the Court dismissed the Writ Appeal, upholding the judgment under appeal that emphasized the importance of complying with statutory provisions and regulations in Customs matters. The decision highlighted the significance of Section 149 of the Customs Act and clarified the limitations of Circular No. 36/2010 in governing the amendment of Customs documents.
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