Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: list of goods taxed at 4% :: articles on VAT and GST in India :: TDS :: Central Excise rule to resale the machines to a new company :: cpt :: form 3cd :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: TAX RATES - GOODS TAXABLE @ 4% :: due date for vat payment :: ACCOUNTING STANDARD :: ARTICLES ON INPUT TAX CREDIT IN VAT :: VAT Audit :: ACCOUNTING STANDARDS :: empanelment :: VAT RATES
 
 
« News Headlines »
 Here’s how the new tax provisions will impact you in 2017-18
 Income-tax (3rd Amendment) Rules, 2017
 How you can save tax in the last 2 days of current FY
 6 important income tax rules for individuals which will change from April 1, 2017
 Key changes in income tax rates individuals need to look at from 1 Apr
 Provisional Enrollment under Goods and Service Tax (GST)
 Ten income tax changes that will come in to effect from April 1
 New income tax provisions you need to be aware of
 8 benefits you must know about this tax-saving mutual fund
 10 most important income-tax changes which will apply from April 1
 Delhi: 54 CAs, company secretaries on radar in I-T crackdown against black money

Customs should re-assess duty paid in excess: HC
January, 02nd 2008
Desist from asking parties to move appellate authorities


The Department said that the goods had been finally assessed on declaration, and hence, the same could not be re-opened.


The Madras High Court has directed Chennai Customs to re-assess duty on a consignment of trousers (woven 60 per cent polyester 40 per cent viscose) imported by a Mumbai firm after paying duty at a higher rate on its own.

Allowing a writ petition from a firm challenging the order dated February 5, 2007 of the Assistant Commissioner of Customs defending duty assessment as it had been finally done on declaration, the court asked the Department to consider the request of the petitioner in their letter of October 12, 2006, in accordance with law.

Petitioner, Shoppers Stop Ltd, contended that at the time of filing bill of entry, they had declared that customs duty was payable at the rate of 12.50 per cent and Central excise at 16 per cent, and it was paid. Later, the petitioner came to know that such goods were exempted to the effect that duty payable would vary from 4-8 per cent only. The petitioner represented seeking re-assessment, and sought refund of the excess amount of duty paid. In reply, the Department said that the goods had been finally assessed on declaration, and hence, the same could not be re-opened.

The petitioner was informed by the Department that if they felt aggrieved with the assessment order, an appeal against the assessment might be preferred before the Appellate Authority as per the Customs Act, 1962.

The petitioner contended that Section 17 of Act required the Department to examine goods without undue delay and tested by proper officer. There was no difficulty for the respondent to re-assess the duty, and in the present case, they were not going to examine goods once again, and it was only the rate of duty to which petitioner was entitled.

Setting aside the order of respondent, Mr Justice K. Chandru, ruled that when the question of deciding the issue was available with the assessing officer, it was rather unfortunate that he should drive parties to an appellate forum. The petition was allowed.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Application Management Solutions Application Management System Application Management Software System Application Management Development Application Management Software Development

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions