1998 (12) TMI 271 - AT - Customs

Summary

Issues:
1. Dismissal of appeals by the ld. Collector of Customs (Appeals) based on lack of merits.
2. Allegations of amendment of the Bill of Entry and reduction in prices of imported goods.
3. Availability of benefit under Notification No. 59/87-Customs.
4. Rejection of refund claims by the Adjudicating Authority based on time limitations and lack of documentation.
5. Discrepancies between the Order-in-Original and the Order-in-Appeal regarding the amendment in the Bill of Entry.

Detailed Analysis:
1. The ld. Collector of Customs (Appeals) dismissed the appeals stating that there were no merits warranting interference with the adjudication orders. The Appellants, engaged in manufacturing xerographic equipment, imported components from M/s. Fuji Xerox, Japan, via M/s. Rank Xerox, U.K. Reductions in prices by M/s. Fuji Xerox were challenged by the Department as an amendment of the Bill of Entry. The ld. Collector found the appellants' contentions unsubstantiated and untenable.

2. The ld. Collector also addressed the availability of benefits under Notification No. 59/87-Customs. The Appellants referred to a Chartered Engineers Certificate regarding the nature of the imported goods, but the ld. Collector found the certificate insufficient to prove entitlement to the notification's benefits.

3. The Adjudicating Authority rejected refund claims based on time limitations and lack of documentation submission. Duty payment after the stipulated period, failure to provide requested documents, and restrictions on amending the Bill of Entry post-clearance were cited as reasons for the rejections.

4. Discrepancies arose between the Order-in-Original and the Order-in-Appeal regarding the permissibility of amending the Bill of Entry post-clearance. The Asst. Collector had rejected all claims based on this premise, while the ld. Collector (Appeals) expanded the scope of examination. The Appellate Tribunal set aside the impugned Order, allowing the appeal and granting consequential relief to the Appellant in accordance with the law.