2020 (8) TMI 351 - HC - Customs

Amendment in shipping bills - MEIS benefits - Exporter was unable to file MEIS claim on the account that the shipping bills were not electronically transmitted to the DGFT for processing the MEIS scrips - in the reward column instead of mentioning 'Y' it was mentioned as 'N'. - HELD THAT - The amendment of shipping bills shall necessarily be conforming to the conditions laid down in Section 149 of the Customs Act. In the case on hand, since the appellant does not have any case that the conditions stipulated in Section 149 are not existing, there can be no denial of the permission to amend the shipping bills. Appeal dismissed.

Summary

Issues:
- Challenge to CESTAT order by Commissioner of Customs
- Declaration of intent for MEIS benefits in shipping bills
- Request for amendment of shipping bills from 'N' to 'Y'
- Interpretation of Customs Act Section 149 for document amendments

Analysis:
- The Commissioner of Customs challenged a CESTAT order regarding the declaration of intent for Merchandise Export from India Scheme (MEIS) benefits in shipping bills. The respondent had declared intent for MEIS benefits but erroneously marked 'N' instead of 'Y' in the transmission column to DGFT, leading to non-processing of MEIS claims.
- The respondent requested amendment of shipping bills to rectify the error, which was initially rejected by the Customs Department citing non-compliance with circular norms. However, CESTAT allowed the appeal, considering the intent declaration as crucial and the error as procedural, entitling the respondent to MEIS benefits.
- The judgment referenced a similar case where inadvertent errors in marking intent for rewards were rectified through court intervention, emphasizing the importance of intent declaration over procedural errors. The court upheld the CESTAT decision, noting the inadvertent mistake in marking 'N' instead of 'Y' for MEIS benefits.
- The appellant argued invoking Customs Act Section 149 for document amendments, highlighting the need for compliance with statutory conditions. However, since the conditions for denial of amendment were not met in this case, the court dismissed the Customs appeal, affirming the right to amend shipping bills under Section 149 within statutory limits.

In conclusion, the court upheld the CESTAT decision, emphasizing the significance of intent declaration for MEIS benefits and the permissibility of amendments under Customs Act Section 149, provided statutory conditions are met. The judgment clarifies that amendments must adhere to legal requirements, ensuring the proper application of benefits while dismissing the Customs appeal with no costs imposed.