This is to update you about an important decision by Kerala Hon’ble High Court (HC) in the case of Travancore Cocotuft Private Limited v. DC,DGGI ,2024-VIL-344-KER-CU. The Court held that where IGST along with interest is paid on Advance Authorisation (‘AA’) default, customs must amend Bill of Entry (‘BE’) thereafter.
Facts
·
The Petitioners imported various raw materials under
AA /EOU scheme without payment of customs duties including IGST. The Petitioner
also claimed the refund on export of goods on payment of IGST.
·
On realising that the benefits of IGST exemption at
the time of import of raw materials were wrongly availed, it paid IGST along
with interest [under Rule 96(10) of CGST Rules]. Consequently, it sought
amendment of BE under section 149 of the Customs Act, 1962 (‘CA 1962’).
·
The Department denied the amendment on the ground that
Petitioner did not pay IGST at the time of clearance and BE can only be amended
basis the documents
available at the time of clearance.
HC Decision
·
The Hon’ble HC held that amendment in the BEs is allowed as an additional
remedy under Section 149 of the Customs Act. The Hon’ble HC relied on following judgments:
-
ITC Ltd. v Commissioner of Central Excise, Kolkata
IV, 2019-VIL-32-SC-CU
-
Sony India Pvt. Ltd. v Union of India, 2021-VIL-594-TEL-CU
·
The Court also relied upon
CBIC Circular No. 16/2023-Customs dated June 7, 2023, which prescribe a
special procedure for amending BEs.
. | Comments
·
Under GST laws, credit of IGST paid on
import of goods is dependent upon an assessment order. Thus, it is imperative
for importers to seek a reassessment order for any IGST paid post clearance.
·
Further, this judgement not only applies
to AA but to EPCG defaults as well.
No comments:
Post a Comment