Yes.
Assessee should file appeal against the order passed in self assessed Bill of
Entry before expiry of one year as per sec 27(1) of Customs Act.
The
endorsement made on the bill of entry is an order of assessment. It cannot be
said that there is no order of assessment passed in such a case. When there is
no Lis ( Lis meaning - A suit; an action; a controversy in court; a dispute ) speaking
order is not required to be passed separately.
As the order of self-assessment is
nonetheless an assessment order passed under the Customs Act, obviously it
would be appealable by any person aggrieved thereby. The expression ‘Any
person' is of wider amplitude. The revenue, as well as assessee, can also
prefer an appeal aggrieved by an order of assessment.
ITC LIMITED VERSUS
COMMISSIONER OF CENTRAL EXCISE, KOLKATA –IV, SUPREME COURT, decided
on 18.09.19
Note: One year limitation period for appeal
is not applicable, if duty is paid under protest as per Sec 27(1) 2nd
proviso. Refer my another post how to
pay Customs duty under protest.
#Customs Law Quick Bites-8
No comments:
Post a Comment