2009 (11) TMI 717 - AT - Customs

Summary

Issues involved: Challenge to assessment orders, education cess, interest on warehoused goods, concessional rate of duty, preference of Port Health Officer's report over Chemical Examiner's report, finalization of provisional assessment without notice to assessee.

Summary:

1. The appeal was filed against the Commissioner (Appeals) order upholding the finalization of provisional assessment of Bills of Entry. Appellants contested the ex parte assessment orders, education cess, and interest on warehoused goods. They argued for a concessional rate of duty for palm oil imported under the Bills of Entry.

2. The Commissioner (Appeals) granted relief on education cess and interest under Section 61 of the Customs Act but rejected the plea for a lower duty rate of 65% ad valorem instead of 75% ad valorem.

3. The appeal before the Tribunal highlighted that the Port Health Officer certified the consignments as palm oil (edible grade). The Commissioner (Appeals) upheld the higher duty rate, contrary to previous Tribunal decisions favoring the PHO's report over the Chemical Examiner's report.

4. The appellants argued that the provisional assessment was finalized without proper notice and without providing the Chemical Examiner's report. They contended that the goods met PFA Act standards and should be subject to a concessional duty rate.

5. The Respondent submitted that the goods did not meet the criteria for a lower duty rate and should be classified under a higher duty rate. They supported the assessments made on the Bills of Entry.

6. The Tribunal reviewed the case records and submissions. It found that the consignments were assessed at 75% ad valorem. While the PHO's report was preferred in some cases, in this instance, the Chemical Examiner's timely report was considered valid. The Tribunal acknowledged the appellants' right to be heard before finalization of assessment and remanded the matter for a fresh adjudication, emphasizing compliance with natural justice principles. The appeal was allowed by way of remand.