2008 (10) TMI 436 - AT - Customs

Judge upholds Tribunal decision, dismisses rectification application. Appellant's evidence not properly considered.

The judge upheld the Tribunal's decision and dismissed the application for rectification. The appellant had submitted relevant documents supporting their ... Rectification of mistake - Error apparent on face of record Issues:Rectification of mistake in Tribunal's order regarding burden of proof and submission of documentary evidence.Analysis:The case involves an application for rectification of a mistake in the Tribunal's order regarding the burden of proof and submission of documentary evidence. The issue arises from the Tribunal's observation that there was no finding by the Deputy Commissioner on whether evidence was satisfactorily produced. The Deputy Commissioner had stated that there was no conclusive proof that the extra duty burden was not passed on to the consumer, based on the appellant's submitted evidence. The appellant had presented documents such as the 7th Annual report and a Chartered Accountant certificate, which the Deputy Commissioner found inadequate for proving the burden was not transferred to the buyer.The application for rectification argued that the Deputy Commissioner's findings were based on the examination of the documentary evidence provided by the appellant, which the Tribunal failed to consider properly. The Tribunal's order was criticized for not specifying what documents were required to be produced, as per Section 27 of the Customs Act 1962, placing the burden of submission on the claimants. The appellant contended that the Tribunal's order did not align with the documentary evidence presented, leading to the request for rectification.Upon hearing both sides, the judge found that the appellant had indeed submitted relevant documents, including a balance sheet and a Chartered Accountant certificate, supporting their claim that the duty burden was not passed on to the customer. The judge noted that the Deputy Commissioner had disregarded the Chartered Accountant's certification without providing a valid reason or requesting additional data to support the claim. The judge emphasized that once the appellant had fulfilled their burden of producing evidence, it was the revenue's responsibility to specify any additional documents required. Since the Deputy Commissioner failed to do so and did not provide adequate justification for rejecting the evidence, the judge upheld the Tribunal's decision and dismissed the application for rectification.In conclusion, the judgment underscores the importance of properly considering the evidence presented by the parties, the burden of proof in customs cases, and the necessity for clear communication regarding the submission of documentary evidence to support claims in legal proceedings.