2003 (5) TMI 286 - AT - Customs

Summary

Issues:
1. Interpretation of release advice and its validity.
2. Correct exchange rate for calculating duty.
3. Entitlement to refund under Notification No. 128/94.
4. Compliance with statutory requirements for refund.

Interpretation of Release Advice:
The appellant imported goods with an advance license registered at the Bombay Custom House. The Custom House issued a release advice to the Air Cargo Complex, indicating the available balance in the license after considering previous debits. The department alleged a shortfall in coverage, leading to duty imposition. The Tribunal observed that the release advice is a mechanism to indicate import entitlement under a license at a specific Customs station. The absence of a statutory basis for the release advice was noted. The Tribunal clarified that the release advice is not a decision or order but a technical indication of available import entitlement.

Correct Exchange Rate for Duty Calculation:
The dispute arose due to the exchange rate used in the release advice, which differed from the rate in the license. The Assistant Commissioner acknowledged the error but required a formal assessment order for correction. The Tribunal emphasized that applying the exchange rate specified in the license would eliminate the alleged shortfall. It was deemed common practice to use the rate mentioned in the license for such calculations, ensuring consistency with the applicant's claimed exchange rate. Consequently, the appellant was found entitled to a refund based on the correct exchange rate.

Entitlement to Refund under Notification No. 128/94:
The appellant cleared the goods after paying duty and later sought a refund, contending that the debit was erroneously made. The Tribunal agreed that the correct exchange rate would nullify the alleged shortfall, entitling the appellant to a refund under Notification No. 128/94. However, compliance with statutory requirements under Section 27(2) was deemed necessary before granting the refund.

Compliance with Statutory Requirements for Refund:
The Tribunal allowed the appeal, setting aside the lower authorities' decision. The appellant's entitlement to a refund was upheld, subject to fulfilling the conditions outlined in Section 27(2). The judgment highlighted the technical error in applying the exchange rate and emphasized the importance of aligning such calculations with the rates specified in the import license to avoid discrepancies in duty imposition.