2019 (9) TMI 651

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.... None for Respondent ORDER Per : Shri P. Anjani Kumar (Technical) This Appeal is by Revenue. Briefly stated the facts of the case are that M/s Hi-tech Corporation has imported a consignment of 19200 Kg of HSS Drills at the rate of 2 pound/Kg. The assessing authority did not accept the value declared and have enhanced the value declared. Being aggrieved by the assessment dated 24.12.201....

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....tion 17 (5) of Customs Act, 1962, in such cases where re-assessment is contrary to the self-assessment, except where the importer confirms his acceptance in writing, the proper office is mandated to pass a speaking order within 15 days. iv) On an appeal filed by the Appellants consequent to the loading of the value by the Assessing Officer, Commissioner Appeals should have passed an order....

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....s not been passed on reassessment, the proper officer may audit the assessment of duty of the imported goods or export goods at his office or at the premises of the importer or exporter, as may be expedient, in such manner as may be prescribed". 5. From a plain reading of the provisions of Section 17(6) give an understanding that the same would be necessitated when reassessment has not been don....

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....serve any purpose and would result in absurd situation as contended by Revenue. We find that the situation envisaged under Section 17(6) is not applicable to such circumstances. Understandably the Section provides for post clearance audit, whereas in the instant case reassessment appears to have been done by the department. The Respondent has accepted the loading and cleared the goods on payment o....