2014 (8) TMI 318

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.... 3506445/2000 dated 10.05.2011 totally valued at997740.24 CHF, vide Bill of Entry no. 3610581 dated 25.05.2011. The Assessable value was ascertained to Rs. 5,17,78,557.60 and duty liability amounting to Rs. 1,36,31,094/- with interest of Rs. 16,805/- was paid by the appellant vide TR-6 challan no. 20001219193 dated 03.06.2011. After the clearance of the goods, appellant realized that value of item no. 0040 i.e pat no. 10242849 having description as PT-screw Torx KA 40 *12WN1451 was shown as 4.04 CHF instead of 0.04 CHF. The appellant had placed an order for purchase of 400000 pcs of this part @0.04 CHF vide purchase order no. 4501971252/L31 dated 16.03.2011 to M/s Maschinefbrik Reiter AG. Winterthur. The appellant noticed the error and cont....

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....to them i.e 8 lakhs CHF and the same has been remitted to the appellant through banking channels. The purchase order also shows the purchase at the rate of 0.04 CHF. These documents were available at the time of filing the Bill of entry. Therefore, amendment is required to be allowed. He further submitted that as per CBEC Manual, the amendment in the Bill of Entry can be allowed on sufficient proof being shown to the Deputy/Assistant Commissioner after the goods have been given out of charge. Therefore, the impugned order is required to be set aside. 5. On the other hand, the ld. Additional Commissioner (AR) supported the impugned order. 6. Heard both sides and considered the submissions. In this case, the fact that the appellant has ....