Customs credit cannot be denied for use of an old company name or missing reverse endorsement where identity remains unchanged.

A change of name does not affect the company's legal identity, so credit of additional duty of customs could not be denied merely because the bills of entry continued to bear the earlier name. The imported goods were ordered and received by the same legal entity, and shipment had already taken place before notice of the name change. Where the importer and user of the goods are the same, the absence of the reverse endorsement contemplated by departmental instructions is not a valid ground to refuse credit. The denial of credit was therefore unsustainable and the assessee was entitled to the credit.

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Issues: Whether credit of additional duty of customs could be denied merely because the bills of entry bore the company's earlier name after a change of name, and because the reverse endorsement contemplated by departmental instructions was not made.

Analysis: A change of name does not alter the legal identity of the company; the person who placed the order and the person who received the imported goods remained the same legal entity. The credit could not be refused on the basis of the old name appearing on the import documents when shipment had already taken place before communication of the change of name. Where the importer and the user of the goods are the same, the absence of reverse endorsement on the bills of entry does not justify denial of credit.

Conclusion: The denial of credit was unsustainable and the assessee was entitled to the credit.

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