Levy of penalty - Mis-declaration of goods - Self assessment of ...

No Penalty for Misclassification in Self-Assessment of Bill of Entry, Reassessment Governed by Section 17(4.

December 15, 2022

Case Laws Customs AT

Levy of penalty - Mis-declaration of goods - Self assessment of Bill of entry - While the importer is required to subscribe to the truth of the contents of the Bill of Entry, it refers to facts and not opinions - Self-assessment is subject to any reassessment by the proper officer. Self-assessment can also be appealed against to the Commissioner (Appeals). They can assess duty as per their understanding and the officers are free to reassess it as per Section 17(4). - Mis-classification or incorrect assessment of duty does not amount to mis-declaration in the Bill of Entry nor does it attract any penalty. - No penalty - AT

View Source

← Previous Next →

Levy of penalty - Mis-declaration of goods - Self assessment of ...

No Penalty for Misclassification in Self-Assessment of Bill of Entry, Reassessment Governed by Section 17(4.

December 15, 2022

Case Laws Customs AT

You may also like:

Validity of final/reassessment order of Bill of Entry - ex parte final assessment of the Bill of Entry - the respondent No.4 has made final assessment/re-assessment of...

Maintainability of appeal before the Commissioner (Appeals) - reassessment of bill of entry - if an assessee wants to challenge the assessment of bill of entry, he...

Levy of penalty - late filing to bill of entry - since the Customs Official did not clear the goods under exemption, the appellant had no option but to file bill of...

Refund claim - order of assessment / Bill of entry in appeal not challenged - the endorsement made on the bill of entry is an order of assessment. It cannot be said that...

Misclassification and Wrongful Claim of MEIS Benefits - Exports of quilts containing cotton/polyester - Levy of penalties - The CESTAT found the appellant guilty of...

Amendment to Bill of entry - Declaration of one painting (instead of two) in the Bill of Entry - Confiscation and penalty - No infirmity in denying the amendment of...

The CESTAT held that the benefit of Notification No. 21/2016-CUS (ADD) dated 31.05.2016 is not to be provided to the appellant. The invocation of the extended period of...

Reassessment of Bill of Entry - case of the Revenue is that respondent should have appealed before the Commissioner (Appeals) against the assessment of the Bill of Entry...

HC ruled on belated assessment orders under Entry Tax Act 2001 for AY 2003-04 and 2004-05. Though no explicit limitation period exists, assessments must be completed...

Rejection of request for reassessment of Bill of Entry - Error in Invoices - amendment in Bill of entry is required to be allowed although goods have been given out of charge - AT

Refund claim - order of assessment in appeal not challenged - The Tribunal acknowledged the appellants' arguments regarding the contractual agreement and the price...

CESTAT ruled on classification dispute regarding e-scooter parts imported through multiple Bills of Entry. Court held each Bill of Entry must be assessed independently,...

Re-assessment of bill of entry - Since, the re-assessment at the request of party under Section 17 (4) is not as per the outcome of any appeal filed by the party - The...

Refund claim - unjust enrichment - Initially claim filed without challenging the self-assessed Bills of Entry - During the appeal process, the appellant sought to amend...

Levy of penalty - The appellant had, undisputedly, mis-declared the quantity of the goods imported in the Bill of Entry dated 9.2.2010. - Further, in respect of four of...

Quick Updates: