Circular No.41/1998-Customs date 11/6/1998

Subject: Reopening of assessment on careful scrutiny - not as a matter of routine - reg.

I am directed to say that there is need to reduce the number of show cause notices which are being, issued by the Assistant Commissioner of Customs as a routine. A large number of such show cause notices are dropped at the time of adjudication. It has been observed that assessments are being changed by the Appraisser/Assistant Commissioners at their level without proper scrutiny.

2. The matter was examined by Board and it has been observed that established practice of assessments should not be changed without the prior approval from Commissioner of Customs. In case there is an established practice of assessment for a particular commodity and assessing officers feel that the practice need to be changed inview of technological advancements or judicial pronouncements or due to any other reason, the assessing officer should bring the full facts to the notice of Commissioner of Customs and the practice of classification/assessments shall be changed only after obtaining prior orders from the Commissioner of Customs.

3. The receipt of this circular may kindly be acknowledged. The department officers and the trade may be suitably informed.

Sd/-
(Vijay Kumar)
Under Secretary to the Govt. of India

F.No. 450/81/98-Cus.IV

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