2018 (6) TMI 1020 - AT - Customs

Request for reassessment bill of entry - denial on the ground that the bill of entry assessment was not challenged by the appellant and hence bill of entry cannot be rectified - Held that - We do not agree with this contention of the Revenue for the reason that if there is no lis between the assessee and the department regarding eligibility of the exemption notification. The only option available is the rectification of bill of entry under Section 154. If the contention of the Revenue is accepted than for each and every error occurred in the bill of entry either by the assessee or by the department, the assessment is required to be challenged then the provision of Section 154 of Customs Act, 1962 will stand redundant which is not the intention of the law. The identical issue has come up before the Hon ble Bombay Court judgement in the case of Commissioner of Customs (Import) Vs. Indian Farmers Fertilizers Co-Operative Ltd. 2009 (2) TMI 328 - BOMBAY HIGH COURT , where the assessee s application for recertification of bill of entry was validated. Appeal allowed - decided in favor of appellant.

Summary

Issues: Appeal against the rejection of the application for rectification of bill of entry under Section 149/154 for claiming exemption notification.

Analysis:
1. The appellant filed an appeal against the rejection of their application for rectification of the bill of entry, which was denied by the lower authority citing that the bill of entry assessment was not challenged initially.
2. The appellant argued that rectification of bill of entry does not require challenging the assessment, and there is no dispute between the assessee and the department regarding the eligibility of the exemption notification.
3. The appellant relied on various judgments to support their argument, emphasizing that rectification of bill of entry should not be contingent upon challenging the assessment.
4. The Revenue contended that since the exemption notification was not claimed in the bill of entry initially, the bill of entry needed to be challenged through an appeal for rectification.
5. The Revenue supported their stance with relevant judgments, highlighting the importance of challenging the bill of entry assessment for claiming exemptions post-assessment.
6. The Tribunal analyzed the submissions and held that the rejection of the rectification application solely based on the assessment not being challenged was incorrect.
7. The Tribunal emphasized that the intention of the law is not to require challenging the assessment for every error in the bill of entry and that rectification under Section 154 should suffice in cases where there is no dispute over the exemption notification's eligibility.
8. The Tribunal referred to a Bombay Court judgment to support their decision and concluded that the impugned order was set aside, allowing the appeal in favor of the appellant.
9. The judgment was pronounced in court on 18/05/2018 by the Members Ramesh Nair and Raju.

This detailed analysis highlights the key arguments presented by both parties, the reliance on legal precedents, and the Tribunal's reasoning in allowing the appeal based on the interpretation of the law regarding rectification of bill of entry without the necessity of challenging the initial assessment.