Payment of customs duty under wrong head
Veerchandra B Shetty
(Querist) 10 May 2021
This query is : Resolved
An EOU has done DTA sale and accordingly reversed the appropriate Customs duty and paid the same under Head 0038 due to oversight as the same should have been paid under Head 0037
The customs authorities are now issuing a show cause notice for the same stating as non payment of Customs duty.
What is the provision in such a scenario? Can a SCN be issued stating as non payment of Duty, when the duty has already been paid.
How can the Head be rectified in the payment done
kavksatyanarayana
(Expert) 10 May 2021
You have to request the authority to send an alteration memo to the Treasury Authority with the original challan which was remitted to the wrong head of account. The treasury authority will send it to the DTO/AG. It will take some time.
Veerchandra B Shetty
(Querist) 11 May 2021
Thanks for the reply Sir. As suggested the same was informed to the Custom Authority, who have forwarded the request to e-PAO, Chennai for rectification. Till such time the issue is solved/not solved they are issuing a protective demand/ Show Cause notice for duty liability. So when the duty is already paid(though under wrong head it has already been credited to the govt treasury) is it justified that they issue a SCN
kavksatyanarayana
(Expert) 11 May 2021
Complain to the Commissioner Excises of your state.
Sankaranarayanan
(Expert) 12 May 2021
Better to submit all relevant records and details with books of record to the concerned A.O with representation
T. Kalaiselvan, Advocate
(Expert) 12 May 2021
Remittance of customs duty to a wrong account is as good as non payment of the customs duty hence the department can very well issue a show cause notice.
In that case you may have to give an explanation in writing giving the details of the payment already made to a wrong account number and the steps you have taken to retrieve the same for re-depositing the same to the proper head of account.
Since the fault is on your side you cannot challenge the show cause notice issued by the department concerned, but you can take rectification action and claim waiver of the penalty if any that may be imposed for the delay in remittance for the said reason.
K.S.Ramaswamy Advocate
(Expert) 18 May 2021
In my view the show cause notice can be challenged/suitable reply may be given divulging the facts. Its only wrong account code mentioned while making payment of customs duty.
