1990 (10) TMI 197 - AT - Customs

Summary

Issues:
1. Interpretation of Section 15 of the Customs Act regarding the determination of rate of duty for imported goods.
2. Validity of filing supplementary Bills of Entry after the expiry of exemption notification.
3. Consideration of original Bills of Entry and supplementary Bills of Entry in customs clearance process.

Analysis:
The judgment by the Appellate Tribunal CEGAT, New Delhi involved a dispute regarding the interpretation of Section 15 of the Customs Act, specifically in relation to the determination of the rate of duty for imported goods. The case revolved around the validity of filing supplementary Bills of Entry after the expiry of an exemption notification. The Appellate Collector had allowed the appeal by importers, arguing that the supplementary Bills of Entry should be assessed in the same manner as the original Bills of Entry, which were based on the Bills of Lading weight at the time of loading the goods onto the vessel.

The Revenue filed an appeal against the Appellate Collector's decision, questioning the correctness of the order. The main argument put forth by the importers' advocate was that the supplementary Bill of Entry was filed under the customs' directions after discrepancies in the quantity of imported goods were discovered post-clearance. On the other hand, the Revenue argued that the provisions of Section 15 of the Customs Act, which determine the rate of duty based on the date of presenting the Bill of Entry, should apply in this case.

Upon considering the arguments from both sides, the Tribunal noted that the Bill of Entry was filed, whether voluntarily or under customs' directions, and that there was no exemption notification in force at the time of filing the supplementary Bill of Entry. The Tribunal highlighted that the date of filing the Bill of Entry should be the crucial factor in determining the rate of duty, as per Section 15 of the Customs Act. The Tribunal disagreed with the Appellate Collector's view that the goods were part of the same importation and should have been amended in the original Bill of Entry. The Tribunal also emphasized that supplementary Bills of Entry should be treated similarly to other Bills of Entry.

In conclusion, the Tribunal allowed the appeal, set aside the Appellate Collector's order, and reinstated the Assistant Collector's decision. The judgment clarified the application of Section 15 of the Customs Act in determining the rate of duty for imported goods and upheld the validity of filing supplementary Bills of Entry in customs clearance processes.