2009 (11) TMI 724 - AT - Customs

Conversion of shipping bills - DEPB/DEEC shipping bills into cum-drawback scheme - right of amendment u/s 149 of the CA, 1962 - Held that - importer/exporter cannot claim amendment as a matter of right. The words used namely, proper officer may , in his discretion, authorise any document to be amended indicate that the power to be exercised is only discretionary power - the order of the Commissioner in not acceding to the request for amendment of shipping bills in terms of Section 149 cannot be held to be arbitrary - appeal rejected - decided against Appellant.

Summary

Issues:
- Appeal against the order of the Commissioner regarding the amendment of shipping bills for inclusion of benefit under the drawback scheme.
- Interpretation of Section 149 of the Customs Act, 1962 concerning the discretionary power of the proper officer to authorize document amendments.

Analysis:
1. Amendment of Shipping Bills:
The appellant, a manufacturer of Co-extruded Multilayer Film, exported goods under specific shipping bills and later requested the Commissioner to amend the bills to include benefits under the drawback scheme. The Tribunal directed the Commissioner to consider the request under Section 149 of the Customs Act, 1962. However, the Commissioner rejected the request, citing that the goods had already been exported, making verification for drawback claims difficult. The appellant argued that they inadvertently missed claiming the drawback and should be allowed to amend the bills. The Commissioner's decision was based on guidelines from Circular No. 4/2004, stating that the discretion to amend lies with the proper officer. The Tribunal found no grounds to override the Commissioner's decision, noting the impracticality of verifying goods already exported for drawback claims.

2. Interpretation of Section 149 of the Customs Act:
Section 149 of the Customs Act, 1962 grants discretionary power to the proper officer for document amendments. The provision specifies that amendments to bills of entry or shipping bills post-export can only be authorized based on existing documentary evidence at the time of clearance or export. The Commissioner, in this case, exercised discretion in line with the Act and relevant guidelines. The Tribunal upheld the Commissioner's decision, emphasizing that the discretion to amend documents is not a right for importers/exporters. The Tribunal highlighted the Commissioner's adherence to the Board's guidelines and the practical challenges of verifying exported goods for drawback rates post-export.

In conclusion, the Tribunal rejected the appellant's appeal, affirming the Commissioner's decision to deny the amendment of shipping bills under Section 149 of the Customs Act, 1962. The judgment underscores the discretionary nature of document amendments post-export and the importance of adhering to statutory guidelines and practical considerations in such cases.