2009 (8) TMI 1020 - AT - Customs

Customs Tribunal Upholds Refund Due to Clerical Error, Emphasizes Importance of Challenging Assessment Orders

The Tribunal rejected the Revenue's appeal against the refund of excess customs duty due to a clerical mistake in the weighment slip. The appeal was based ... - Issues:1. Refund of excess customs duty due to clerical mistake in weighment slip.2. Re-assessment under Section 149 of the Customs Act, 1962.3. Competency of the assessing authority to permit amendments in the Bill of Entry.4. Comparison of decisions by different courts on similar cases.5. Applicability of the decision in Priya Blue Industries Ltd. case.Analysis:1. The appeal was filed by the Revenue against the order-in-appeal upholding the refund of excess customs duty amounting to Rs. 36,315 due to a clerical mistake in the weighment slip. The Revenue contended that the respondents did not challenge the Bill of Entry for excess duty payment, citing the decision of the Supreme Court in Priya Blue Industries Ltd. v. C.C. The respondents argued that the re-assessment was done under Section 149 of the Customs Act, 1962, referring to a decision by the Punjab and Haryana High Court in a similar case.2. The Commissioner (Appeals) observed that the re-assessment was not a mere correction of a clerical error but was based on the difference in weight ascertained earlier and finally. The re-assessment was conducted under Section 149 of the Act, allowing amendments to documents. The Proviso to Section 149 restricts amendments after goods have been cleared, except based on existing documentary evidence. The High Court's decision in a similar case supported the refund claim, emphasizing the authority's competence to permit amendments and order refunds.3. The High Court's decision highlighted the authority's competence under Section 27 of the Act to allow amendments based on existing documentary evidence at the time of goods clearance. The Assistant Commissioner, who assessed the duty and permitted the amendment in the Bill of Entry, was deemed competent to sanction the refund. The court deemed the refund claim maintainable and correctly sanctioned by the competent authority.4. The Revenue strongly relied on the Supreme Court's decision in Priya Blue Industries Ltd. case, while the High Court referenced decisions in similar cases involving disputed assessments and refund claims. The High Court differentiated cases where assessment orders were not challenged, leading to the rejection of refund claims. The decision emphasized the importance of assessment order modification or review before claiming a refund.5. Considering the discussions and the High Court's decision, the Tribunal rejected the Revenue's appeal, finding no reason to interfere with the Commissioner (Appeals) order. The judgment highlighted the significance of following legal procedures and challenging assessment orders before seeking refunds, aligning with established legal principles and court decisions.This detailed analysis provides a comprehensive overview of the judgment, addressing each issue involved and the legal arguments presented by both parties, ultimately leading to the Tribunal's decision.