2013 (12) TMI 1607 - AT - Customs

Customs Act: Amendment for Duty Drawback Benefits Upheld

The Tribunal allowed the appellant's appeal for amendment of the shipping bill to claim duty drawback benefits, relying on Section 149 of the Customs Act. ... Amendment in shipping bill - Refund claim denied on the ground that the shipping bill does not state about duty drawback claim - Held that: - the amendment in shipping bill should have been allowed and is accordingly being allowed by this Tribunal. Reliance placed in the case of Man Industries (India) Ltd. v. Commissioner of Customs (EP) [2006 (3) TMI 513 - CESTAT, MUMBAI], wherein it was held that the request for conversion of shipping bill was made in terms of the statutory rights available to the appellant under Section 149 of the Customs Act, 1962. The said section entitles the proper officer of Customs to direct amendment of any document, after it has been presented in Custom House. Appeal allowed - decided in favor of appellant. Issues:Claim for duty drawback on shipping bill, Amendment of shipping bill for duty drawback claim, Interpretation of Section 149 of the Customs Act, 1962.Analysis:The appeal was directed against an Order-in-Original passed by the Commissioner of Customs regarding the rejection of a claim for duty drawback on a shipping bill. The appellant had exported a structure and claimed benefit under various schemes, but duty drawback was erroneously not mentioned on the shipping bill. The excise authority refused the refund due to the absence of duty drawback claim on the shipping bill. The appellant then sought amendment/conversion of the shipping bill from the customs authority to avail the duty drawback benefit. The Order-in-Original rejected the claim, emphasizing the requirement of mentioning duty drawback on shipping bills for claiming export benefits under the Drawback scheme. It cited Circular No. 4/2004 to support the decision, which restricts the conversion of free shipping bills into other schemes unless benefits have been denied by relevant authorities.The appellant argued that the omission of the scheme on the shipping bill was a clerical error, as it was mentioned in the accompanying excise document. Citing the case of Man Industries (India) Ltd., the appellant contended that Section 149 of the Customs Act allows for amendment of documents under certain conditions. The Tribunal allowed the amendment, leading the Revenue to challenge the decision in the Bombay High Court, which upheld the Tribunal's order. The appellant also relied on the case of Mahindra & Mahindra Ltd., where a similar amendment was permitted based on the proviso to Section 149, as the claim was evident in the accompanying document.The Revenue opposed the amendment, arguing that the claim of drawback should have been explicitly mentioned on the shipping bill for verification purposes. Referring to the case of Tera Films Pvt. Ltd., the Revenue contended that amending the shipping bill for drawback after export amounts to conversion and is not permissible. The Tribunal and the High Court had upheld this view in the Tera Films case, where the delay in claim and lack of supporting documents were crucial factors.After considering the arguments, the Tribunal allowed the amendment in the shipping bill for duty drawback claim, granting the appellant the liberty to seek consequential relief. The appeal was allowed with consequential relief, emphasizing the importance of allowing the amendment in this particular case.