Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Incorrect Chapter Heading/Description at the time of generating Shipping Bill

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Incorrect Chapter Heading/Description at the time of generating Shipping Bill
Query (Issue) Started By: - Ashok Chopra Dated:- 11-8-2016 Last Reply Date:- 17-9-2016 Customs - Exim - SEZ
Got 4 Replies
Customs
Respected Forum, We are manufacturer exporter, (1) at the time of export, CHA mentioned incorrect chapter heading of item in shipping bill. (2) Mismatch of Chapter Heading and .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Description of goods on shipping bill. It came to our knowledge at the time of getting M.E.I.S benefit. DGFT disallowed benefit, as chapter heading mentioned in shipping bill does not fall in the schedule for mistake no. 1 and Description and Chapter heading does not match for mistake no. 2. My queries:- 1. Is there any procedure of post export amendment in shipping bill and get the chapter .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... heading corrected on EP copy as all other copies of shipping bill has been utilized? 2. Any other procedure How can i get MEIS benefit of these shipping bill? 3. If yes, please provide me documentary evidence to satisfy custom authority. PLEASE GUIDE ME ACCORDINGLY Thanks and regard. Ashok Chopra Reply By MUKUND THAKKAR: The Reply: (1) at the time of export, CHA mentioned incorrect chapter .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... heading of item in shipping bill. Before file shipping bill every CHA should sending draft shipping bill for approval like description /gross wt/ net wt/ Hs code / nos of pkgs etc .if same has been approved by at your end than it is not CHA mistake.every CHA file shipping bills as per your export invoice and packing list. so I think you recheck your all relvent export documents before approch to .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... custom. if it is mistake of customs than you apply for rectification As per Section 149 of the Customs Act, 1962, 'no amendment of a bill of entry or a shipping bill or bill of export shall be authorised to be amended after the imported goods have been cleared for home consumption or deposited in a warehouse, or the export goods have been exported, except on the basis of documentary evidence whi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ch was in existence at the time the goods were cleared, deposited or exported, as the case may be.' So, the law allows amendment to a shipping bill or bill of entry even after the clearance of goods but only on the basis of documents that existed at the time of the clearance of goods. As per Section 154 of the Customs Act, 1962, 'clerical or arithmetical mistakes in any decision or order passed by .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the Central Government, the Board or any officer of customs under this Act, or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Central Government, the Board or such officer of customs or the successor in office of such officer, as the case may be.' Thus, the law allows correction of any mistakes that are apparent on the face of the document that d .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... o not require any investigation. No time limits are stipulated in either of the said Sections. (2) Mismatch of Chapter Heading and Description of goods on shipping bill. It came to our knowledge at the time of getting M.E.I.S benefit. DGFT disallowed benefit, as chapter heading mentioned in shipping bill does not fall in the schedule for mistake no. 1 and Description and Chapter heading does not .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... match for mistake no. 2. please refer above view.. All the best & Good luck... Reply By Ganeshan Kalyani: The Reply: Nicely replied by Sri Mukund Ji. It enriched my knowledge. Thanks. Reply By YAGAY AND SUN: The Reply: Mr. MUKUND THAKKAR has referred appropriate Section s of the Customs Act, 1962. If right Customs Tariff headings have not been mentioned and no declaration had been mentioned .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... or even ' Y' was not ticked, then benefit under chapter 3 i.e. MEIS would not be available. Reply By Ganeshan Kalyani: The Reply: Thanks for additional valid reply post. It enriched the knowledge of all. Thanks.
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates