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Issues:
1. Refund claim for excess duty paid due to reduction in tariff value. 2. Entitlement to refund without challenging the original assessment. Analysis: 1. The case involved the appellants importing crude palm oil and clearing them under bond. They filed Ex-bond Bill of Entry for 250 MTs and paid duty at a fixed tariff value of US $ 337/MT. Subsequently, the tariff value was reduced to US $ 286/MT. As the goods were not cleared before the reduction, the applicable duty rate was the reduced value on the date of actual removal. A refund claim for excess duty paid was filed and initially sanctioned but later set aside on appeal citing a Supreme Court decision. 2. The appellant argued that since the duty was assessed correctly at the time, but the reduction in tariff value occurred later, they were entitled to a refund without challenging the original assessment. They referred to various precedents supporting their claim, highlighting that the applicable duty rate for warehoused goods is determined at the time of removal, not assessment. The Tribunal agreed, noting that no wrong assessment occurred, and the lower rate applied due to the timing of the tariff value reduction before removal, thus allowing the refund claim without disputing the assessment. This judgment clarifies the entitlement to a refund for excess duty paid due to a subsequent reduction in tariff value, emphasizing the importance of the duty rate prevailing at the time of goods removal from the warehouse. It establishes that challenging the original assessment is not necessary when the duty was correctly assessed initially, and subsequent changes in tariff value warrant a refund. The decision aligns with previous rulings and statutory provisions, ensuring fair treatment for importers in such scenarios.
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