TaxTMI Login
AI Drafter - (New and Powerful) ✕
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Just a moment...
AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether the claim of high sea sale could be disallowed merely on the basis of alleged interpolation in the Bill of Entry, and whether the Bill of Entry is a document of title to the goods.
Analysis: The relevant transfer documents showed that the sale had been concluded before the goods crossed the customs station and that the duty had been paid by the ultimate buyer. The Bill of Lading, not the Bill of Entry, is the document of title in such transactions. The Bill of Entry is filed for customs purposes under the Customs Act, 1962 and does not by itself constitute title to the goods. The Tribunal reversed the first appellate authority solely because of the alleged discrepancy in the Bill of Entry, without disturbing the factual findings recorded on the documents evidencing the high sea sale. In the absence of any adverse finding other than the alleged interpolation, the rejection of the claim could not be sustained.
Conclusion: The claim of high sea sale could not be denied on the basis of the Bill of Entry. The assessee succeeded and the order of the first appellate authority was restored.
Ratio Decidendi: In a high sea sale transaction, the Bill of Lading is the document of title and the Bill of Entry is not; therefore, an alleged discrepancy in the Bill of Entry alone cannot defeat the claim where transfer of title before customs clearance is otherwise established.
TaxTMI 
