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Issue ID: 110588
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By mistake goods cleared mentioning wrong classification on a self assessed bill of entry whereby paid extra duty

Date 30 Jun 2016
Replies4 Replies
Views 1363 Views
Asked by
Customs refund claims require timely Section 27 application; appeal against self-assessment can affect available remedy.
Goods cleared on a self-assessed bill of entry were misclassified and excess duty paid; the correct classification later became known from supplier documents. The principal remedial route is to apply for a refund under Section 27 of the Customs Act within one year to the Assistant/Deputy Commissioner of Customs. Filing an appeal against the self-assessment may affect refund availability, and adjustment against future liability was suggested but later doubted. No case law was provided. (AI Summary)

Due to mistake consignment was cleared -self assessed bill of entry under a wrong classification, claiming benefit of notification. Goods were also examined and duty was paid ( which was more than the actual duty payable).Subsequently , on receipt of the document from overseas manufacturer supplier, correct and actual classification has come to knowledge.

How to get re- assessment done on the basis of documentary evidence of correct classification?

any appeal to be preferred?

any supporting case law on this issue?

kindly give valued opinion so that correct remedy action is initiated.

thanks

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