Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
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Self-assessment under customs law may be corrected through amendment of a bill of entry where the importer shows an inadvertent misclassification supported by contemporaneous documentary evidence. The Tribunal noted that self-assessment is an assessment, but correction is not confined to the appellate route; amendment and correction powers can be invoked for accidental slips or omissions after clearance. A request made shortly after filing bills of entry was therefore capable of consideration under the statutory amendment and correction provisions, and rejection solely because no appeal had been filed was unsustainable. The impugned order was set aside and relief followed as per law.
Self-assessment under customs law may be corrected through amendment of a bill of entry where the importer shows an inadvertent misclassification supported by contemporaneous documentary evidence. The Tribunal noted that self-assessment is an assessment, but correction is not confined to the appellate route; amendment and correction powers can be invoked for accidental slips or omissions after clearance. A request made shortly after filing bills of entry was therefore capable of consideration under the statutory amendment and correction provisions, and rejection solely because no appeal had been filed was unsustainable. The impugned order was set aside and relief followed as per law.
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