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of <h1>Tribunal grants appeal for amendment request and refund assessment under Customs Act</h1> <h3>GABRIEL INDIA LTD Versus COMMISSIONER OF CUSTOMS (IMPORT), NHAVA SHEVA, MUMBAI-II</h3> GABRIEL INDIA LTD Versus COMMISSIONER OF CUSTOMS (IMPORT), NHAVA SHEVA, MUMBAI-II - 2014 (314) E.L.T. 387 (Tri. - Mumbai) Issues:1. Whether the appellant is entitled to a refund claim for excess duty paid due to a mistake in the Bill of Entry under the EPCG scheme.2. Whether the appellant's request for amendment of the Bill of Entry under Section 149 of the Customs Act, 1962 should be allowed.Analysis:1. The appellant filed a Bill of Entry for clearance of goods under the EPCG scheme without submitting the freight bill, resulting in the assessment of duty based on an assumed freight value. Upon realizing the error, the appellant submitted the freight bill and sought an amendment under Section 149 for a refund of the excess duty paid. The refund claim was rejected by the department, citing failure to challenge the initial assessment. The appellant contended that the delay in decision-making by the department caused their loss and requested the amendment under Section 149 to be allowed for the refund claim. The lower appellate authority upheld the rejection, leading to the appeal before the tribunal.2. The appellant argued that they had submitted the freight bill to the Customs House Agent (CHA) at the time of filing the Bill of Entry, but an error by the CHA led to non-submission of the bill. The appellant invoked the RTI Act to track the progress of their amendment request under Section 149. The department's notings revealed delays and conflicting opinions on whether to treat the case as an amendment or a refund claim. The appellant's submissions, supported by documentary evidence, indicated a genuine mistake rectified promptly. The Revenue cited precedents to justify rejecting the amendment request under Section 149 due to re-quantification of duty and clerical errors by the assessee.3. The tribunal analyzed the provisions of Section 149, emphasizing the requirement for existing documentary evidence at the time of goods clearance. The appellant's submission of the freight invoice post-clearance but within two weeks of filing the Bill of Entry satisfied this condition. The tribunal noted the discretionary power granted to Customs Officers under Section 149 for amendments in genuine cases. Despite superior directives to consider the appellant's letter as a refund application, the lower authority denied relief. Distinguishing the cited precedents, the tribunal found the appellant's case warranted amendment under Section 149 for justice and relief, remanding the matter for proper consideration and refund determination in accordance with the law.In conclusion, the tribunal allowed the appeal by remanding the case to the adjudicating authority for reconsideration of the appellant's amendment request under Section 149 and subsequent refund claim assessment.
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