2017 (2) TMI 1345 - AT - Customs

Tribunal Upholds Amendment of Bill of Entry, Allows Concessional Duty Claim

The Tribunal upheld the amendment of the Bill of Entry under Section 149 of the Customs Act, 1962, allowing the respondent to claim concessional duty ... Amendment of Bill of Entry - whether amendment in the Bill of Entry, was permissible under Section 149 of the Customs Act, 1962 on the basis of documents/certificate of origin issued with retrospective effect, vide N/N. 187/2009-Cus. (N.T.), dated 31-12-2009? - Held that: - the issue involved herein is no longer res integra, under the similar facts and circumstances in the case of Samsung India Electronics Pvt. Ltd. [2016 (10) TMI 726 - CESTAT ALLAHABAD], where it was held that the ld. Commissioner (Appeals) have erred in rejecting the appeal and it is clear case of failure on his part to exercise jurisdiction. Amendment in bill of entry upheld - appeal dismissed - decided against Revenue. Issues:Amendment of Bill of Entry under Section 149 of the Customs Act, 1962 with respect to entitlement to concessional rate of duty based on certificate of origin from Korea.Analysis:The appeal by Revenue challenges the Order-in-Appeal allowing amendment of the bill of entry for the respondent-assessee under Section 149 of the Customs Act, 1962. The respondent imported goods from Korea and claimed concessional duty under Notification No. 151/2009-Cus. The certificate of origin was not provided initially, leading to the inability to claim the benefit at clearance. Subsequently, upon receiving the certificate, the respondent sought amendment. The Additional Commissioner allowed the amendment, which was upheld by the Commissioner (Appeals). The Revenue contended that Section 149 allows amendments only if the document existed at the time of filing. The Tribunal referred to a similar case, holding that the Commissioner erred in rejecting the appeal. The Tribunal remanded the matter to verify the claim and authenticity of the certificate of origin, allowing the appellant an opportunity of hearing. The Tribunal found no error in the Commissioner's decision to uphold the amendment in the Bills of Entry, dismissing the Revenue's appeal and granting consequential benefits to the respondent.This judgment clarifies the application of Section 149 of the Customs Act, 1962 concerning the amendment of Bills of Entry based on subsequent documents like the certificate of origin. The Tribunal emphasized the need to verify the authenticity of such documents and granted an opportunity for the appellant to present their case. The decision highlights the importance of procedural fairness and adherence to statutory provisions in customs matters. The case sets a precedent for allowing amendments when essential documents are provided post-filing, ensuring that rightful benefits under concessional duty notifications are not denied due to procedural lapses. The judgment underscores the significance of upholding legal entitlements while maintaining procedural integrity in customs clearance processes.