REGENT STRIPS PVT. LTD. Vs. CC

JUDGEMENT

(1.) BOTH sides are in controversy as to whether the goods imported and disputed in this Appeal through four Bill of Entries were properly assessed and refund whether arises.

(2.) LD . Counsel Shri Saurabh Kapoor for the Appellant submits that following four Bill of Entries with the corresponding date of payment of duty and date of examination with the date of refund application gave rise to the refund noted against each. <FRM>JUDGEMENT_65_LAWS(CE)12_2009.htm</FRM>

(3.) LD . Counsel submits that any untrue statement or information furnished in the documents in relation to assessment of duty calls for appropriate assessment under Section 17(4) of the Customs Act, 1962 (hereinafter referred to as "the Act"). While that is the proposition of law and assessment is to be done in terms of Section 17 of the said Act, proviso to Section 149 of that Act enables an importer to amend entries in Bill of Entry and other statements filed in respect of import made. The amendment if any shall not go beyond the basis of document and evidence already in existence when the goods were cleared. This right to amend the documents for appropriate assessment of duty under Section 17 has safeguard provision for appropriate assessment of duty.