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Issues: Claim for refund of Customs duty rejection, availability of Customs Notification benefit, appeal to Commissioner (Appeals) dismissal, challenge in High Court, Supreme Court appeal pending, consideration of Notification No. 12/99-Cus. (N.T.)
In the present case, the appellants filed a claim for the refund of Customs duty, which was initially rejected by the original authority on the grounds that the benefit of Customs Notification No. 71/87 was not applicable to the goods in question. Subsequently, the appellants appealed to the Commissioner (Appeals) and also filed a Writ Petition in the High Court challenging the original authority's decision. The High Court dismissed the Writ Petition, leading to the dismissal of the appeal by the Commissioner (Appeals). The appellants then brought the matter before the Appellate Tribunal, challenging the dismissal order of the Commissioner (Appeals). Upon hearing both sides, the Tribunal noted that during the pendency of the appeal, the Central Government issued Notification No. 12/99-Cus. (N.T.), dated 5-2-1999, under Section 28A of the Customs Act, waiving the differential duty on the imported goods. The Tribunal observed that the appellants were eligible for the benefit of this Notification, as their import fell within the specified period mentioned in the Notification. Since the Notification was issued after the impugned order and was not considered by the lower authorities, the Tribunal set aside the decisions of the lower authorities and allowed the appeal by way of remand. The Tribunal directed the original authority to reevaluate the assessee's refund claim, taking into account Notification No. 12/99-Cus. (N.T.), dated 5-2-1999, issued by the Central Government under Section 28A of the Customs Act, 1944. In conclusion, the Appellate Tribunal, Chennai, in its judgment, emphasized the importance of considering relevant notifications issued by the Central Government in determining the eligibility for Customs duty refunds. The Tribunal's decision to remand the case for fresh consideration based on the newly issued Notification highlights the significance of procedural fairness and adherence to legal provisions in such matters.
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