Conversion (Amendment) of shipping bills - substitution of ...

Tribunal Rules Shipping Bill Amendments Valid; Circular Restrictions Exceed Legal Authority, Misinterpret Policy Guidance.

May 11, 2024

Case Laws     Customs     AT

Conversion (Amendment) of shipping bills - substitution of ‘scheme code 19’ by ‘scheme code 03’ in the shipping bills and related invoices - benefits of a scheme - drawback - The CESTAt observed that the circular's restrictions exceeded statutory empowerment and lacked authority as it imposed rigid conditions not contemplated in the law. Emphasizing the distinction between 'documents' and 'bills of entry/shipping bills,' the Tribunal ruled that amendments could be denied only if they did not reflect facts at the time of clearance/export. - Considering the appellant's claim of eligibility for conversion under the Foreign Trade Policy, the Tribunal concluded that the rejection lacked comprehensive appreciation of amendment procedures and disregarded the spirit of guidance offered in the circular.

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