SIGN IN SUBSCRIBE

News Update

Govt scraps ban on export of onionFormer Delhi Congress chief Arvinder Singh Lovely joins BJP with three moreUS Nurse convicted of killing 17 patients - 700 yrs of jail-term awardedGST - Payment of pre-deposit through Form GST DRC-03 instead of the prescribed Form APL-01 - Petitioner attributes it to technical glitches - Respondent is the proper authority to decide the question of fact: HC2nd Session of India-Nigeria Joint Trade Committee held in AbujaGST - Since SCN is bereft of any details and suffers from infirmities that go to the root of the cause, SCN is quashed and set aside: HC1717 candidates to contest elections in phase 4 of Lok Sabha ElectionsGST - Once Appellate Authority comes to the conclusion that SCN was issued by an officer who was not competent; reply was also considered by an incompetent authority and the Competent Authority had not applied its independent mind, Appellate Authority could not have assumed original jurisdiction and proceeded further with the matter: HC7th India-Indonesia Joint Defence Cooperation Committee meeting held in New DelhiGST - Neither the Show Cause Notice nor the order spell out the reasons for retrospective cancellation of registration, therefore, the same cannot be sustained: HCMining sector registers record production in FY 2023-24GST - If the proper officer was of the view that the reply is unclear and unsatisfactory, he could have sought further details by providing such opportunity - Having failed to do so, order cannot be sustained - Matter remanded: HCAnother quake of 6.0 magnitude rocks Philippines; No damage reported so farI-T - Initial burden of proof rested on assessee to substantiate his claim of having incurred expenditure on improvement of property: ITATTrade ban: Israel hits back against Turkey with counter-measuresI-T - Agricultural income can be treated by ITO as undisclosed income in absence of any substantial / corroborative material to prove same: ITATCanada arrests three persons in alleged killing of Sikh separatistI-T - Income from sale of property has to be classified & characterised only in manner of computation as per section 45(2): ITATCus - When there is nothing on record to show that appellant had connived with other three persons to import AA batteries under the guise of declaring goods as Calcium Carbonate, penalty imposed on appellant are set aside: HCCongress fields Rahul Gandhi from Rae Bareli and Kishori Lal Sharma from AmethiGST -Since both the SCNs and orders pertain to same tax period raising identical demand by two different officers of same jurisdiction, proceedings on SCNs are clubbed and shall be re-adjudicated by one proper officer: HCFormer Jharkhand HC Chief Justice, Justice Sanjaya Kumar Mishra appointed as President of GST TribunalSale of building constructed on leasehold land - GST implicationI-T - Interest received u/s 28 of Land Acquisition Act 1894 awarded by Court is capital receipt being integral part of enhanced compensation and is exempt u/s 10(37): ITATGirl students advised by Pak college to keep away from political events
 
Cus - Change from USD to Euro in Bill of Entry - Duty paid on Euro value - Rectification allowed by Commissioner(A) as being typographical mistake is proper in law - Revenue appeal dismissed: CESTAT

By TIOL News Service

MUMBAI, MAY 21, 2014: THIS is a Revenue appeal against the order passed by the Commissioner (Appeals) allowingrectification of the typographical mistake made in the bill of entry.

The brief facts of the case are that the respondent filed a bill of entry in respect of the goods imported and the value of the goods was mentioned in Euro whereas, in fact, the value was in US Dollar terms. The duty was paid on the self-assessed bill of entry by taking into consideration the Euro value.

Subsequently, the respondent asked for re-assessment. The Commissioner (Appeals) in the impugned order, after verifying the facts held in favour of the appellant.

Revenue is of the view that in the case of self-assessed bill of entry there is no order passed by the assessing authority and, therefore, no appeal lies against this order, hence the impugned order passed by the Commissioner (A) is not sustainable.

The Bench observed -

"5. We find that the Commissioner (Appeals) in the impugned order only rectified a typographical mistake whereby the amount of the consignment was mentioned in Euro whereas it was, in fact, in terms of US Dollars. The Revenue is not disputing the fact that the value of the consignment was in US Dollars. In view of this, we find no infirmity in the impugned order. The stay petitions and the appeals are dismissed."

In passing : No Revenue implication, yet an appeal for the sake of filing an appeal…

(See 2014-TIOL-819-CESTAT-MUM)


POST YOUR COMMENTS
   

TIOL Tube Latest

TIOL Tube
Shri N K Singh, recipient of TIOL FISCAL HERITAGE AWARD 2023, delivering his acceptance speech at Fiscal Awards event held on April 6, 2024 at Taj Mahal Hotel, New Delhi.

TOP NEWS

AR not Afar by SK Rahman

VISION 360



Shri Ram Nath Kovind, Hon'ble 14th President of India, addressing the gathering at TIOL Special Awards event.

TII LATEST

TIOLCORPLAWS LATEST