Amendment of BE on Payment of IGST for Advance Authorisation Default

This is to update you about an important decision by Hon’ble Kerala 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.

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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.

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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.

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GABA & CO. | 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.

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Disclaimer:

The views expressed in the update are strictly personal, based on our understanding of the underlying law. We are not responsible for any injury, loss or cost arising to any person who refers this update and acts or refrains from any act accordingly. We would suggest that a detailed legal advice must be sought before relying on this update.