2017 (3) TMI 402 - AT - Customs

Amendment to bill of entry to claim exemption Benefit of N/N. 94/1996-Cus dated 16th December 1996 - re-imported goods - the respondent applied for refund of this amount as they claimed to be eligible for the benefit of nil rate of duty - Revenue took the stand that, in the absence of a challenge to the assessment, refund application cannot be entertained - Held that - It is seen from section 149 of the Customs Act, 1962 that amendment of a document can be accorded on the discretion of the proper officer . In this particular dispute, the first appellate authority has effectively directed the lower authority to consider amendment of the bill of entry. This was an option that was always available to the respondent - It is only upon re-assessment, if allowed by the lower authority, that any consequential benefit would arise - appeal dismissed - decided against appellant.

Issues:
1. Appeal against order-in-appeal no. 147(CRC)/2006 dated 12th September 2006 of Commissioner of Customs (Appeals), Mumbai - II.
2. Denial of benefit of notification no. 94/1996-Cus dated 16th December 1996.
3. Refund application for re-imported goods subject to additional duty.
4. Challenge to assessment for refund application.
5. Bar of limitation invoked by the original authority.
6. Failure to challenge assessment before seeking refund.
7. Jurisdiction of the first appellate authority.
8. Eligibility to 'nil' rate of duty under exemption notification no. 94/96-Cus.
9. Consideration of re-assessment of the bill of entry.

Analysis:
1. The case involved an appeal against an order-in-appeal by the Commissioner of Customs (Appeals), Mumbai - II, which set aside the denial of benefit of notification no. 94/1996-Cus dated 16th December 1996 and directed re-assessment of the bill of entry for re-imported goods. The dispute arose when the respondent sought a refund claiming eligibility for the 'nil' rate of duty under the exemption notification.

2. The original authority rejected the refund application citing the absence of a challenge to the assessment and invoking a circular by the Central Board of Excise and Customs. The amount in dispute was ?78,447, and the original authority also raised the issue of limitation as the refund application was filed after the bill of entry.

3. The appeal by Revenue was based on the importer's failure to challenge the assessment before seeking a refund and the contention that the first appellate authority exceeded jurisdiction by revisiting the assessment in the bill of entry.

4. The first appellate authority considered the eligibility to 'nil' rate of duty under the exemption notification and noted the absence of a contrary order-in-appeal with the refund application. The authority remanded the matter back to the original authority for re-assessment without granting the refund, emphasizing the discretion of the 'proper officer' under section 149 of the Customs Act, 1962.

5. The judgment highlighted that the first appellate authority's direction for re-assessment did not preclude the respondent from seeking an amendment to the bill of entry. The decision did not grant consequential relief at that stage, leading to the dismissal of Revenue's appeal for lack of merit. The judgment emphasized the need for re-assessment before any consequential benefit could be granted.

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