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TMI Blog2014 (2) TMI 623X X X X Extracts X X X X X X X X Extracts X X X X ..... cerns a consignment in respect of which bills of entry were filed between March and April, 2012; the petitioner claimed exemption from payment of 10% basic customs duty in respect of Sony Cameras of a particular model. Reliance was placed on Notification No.25/2005Cus dated 01.03.2005. This was, however, denied and the petitioner had to pay duty on the ground that the goods did not fit within the description ?digital still image video cameras? in terms of Notification No.25/2005 as amended later. The petitioner concededly cleared the goods under protest and paid Rs.2.94 crores on 04.04.2012. Soon thereafter on 09.04.2012 it sought for reassessment in terms of Section 17(5) of Customs Act. It is stated that till date no order has been made. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct reads as follows: - "Section 17. Assessment of duty." (1) An importer entering any imported goods under section 46, or an exporter entering any export goods under section 50, shall, save as otherwise provided in section 85, selfassess the duty, if any, leviable on such goods. (2) The proper officer may verify the self-assessment of such goods and for this purpose, examine or test any imported goods or export goods or such part thereof as may be necessary. (3) For verification of self-assessment under sub-section (2), the proper officer may require the importer, exporter or any other person to produce any contract, broker?s note, insurance policy, catalogue or other document, whereby the duty leviable on the imported goods or export go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bts, it is hereby declared that in cases where an importer has entered any imported goods under section 46 or an exporter has entered any export goods under section 50 before the date on which the Finance Bill, 2011 receives the assent of the President, such imported goods or export goods shall continue to be governed by the provisions of section 17 as it stood immediately before the date on which such assent is received.". The decisions noted by the Deputy Commissioner i.e. Karan Associates (supra) and Allufit India Pvt. Ltd. (supra) themselves emphasise that the authorities have to pass speaking and reasoned orders. Furthermore the judgment in Karan Associates (supra) was rendered after Section 17 was amended and the present provision wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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