2007 (12) TMI 359 - AT - Customs

Summary

Issues involved:
1. Appeal filed by Revenue against Order-in-Appeal
2. Refund claim sanctioned to the respondent
3. Challenge to assessment of Bill of Entry
4. Duty paid on short-landed goods
5. Entitlement for refund of duty paid

Analysis:

1. The appeal was filed by the Revenue against the Order-in-Appeal. The Revenue contended that the refund claim sanctioned to the respondent was erroneous as the assessment of the Bill of Entry was not challenged by the respondent. The Revenue argued that the decision of the learned Commissioner (Appeals) was incorrect, citing a Supreme Court decision in favor of the Revenue. On the other hand, the respondent's counsel argued that the issue might not be covered by the Supreme Court decision as the duty was paid on goods that did not entirely land in India, thus negating the duty demand.

2. It was established that the goods imported by the respondent were not received in India, and the duty was paid without verifying the receipt of the goods. Subsequently, when the goods were found to be short-landed, the respondent requested a refund of the excess duty paid. The learned Commissioner (Appeals) concluded that the respondent was entitled to a refund since they had not received the consignment for which duty was paid. The first Appellate authority's findings supported the refund claim based on evidence of short-landing provided by the appellant.

3. The Tribunal found that the Revenue's appeal lacked merit. The Tribunal upheld the decision of the learned Commissioner (Appeals), stating that the impugned order was free from any defects and did not warrant intervention. Consequently, the Revenue's appeal was rejected, affirming the entitlement of the respondent for the refund of duty paid on the short-landed goods. The judgment was dictated and pronounced in court, concluding the matter.