2008 (1) TMI 661 - AT - Customs

Summary

Issues involved: Flouting of tribunal's direction by the officer while passing Order-in-Original and adjustment of refund against a due amount.

Issue 1 - Flouting of Tribunal's Direction:
The officer, Assistant Commissioner of Customs, passed Order-in-Original No. 6954/2007 sanctioning a refund but adjusting it against a due amount without following the tribunal's direction. The officer justified his actions by citing powers u/s 142(1)(a) and (1)(b) of the Customs Act and expressed regret for any discrepancies. The appellant alleged connivance between the officer and other department officials, claiming the officer disregarded the tribunal's direction and enforced a demand confirmation order prematurely. The officer's actions were deemed as flouting the tribunal's specific direction, leading to a request for pardon conditional upon implementing the tribunal's orders within seven days.

Issue 2 - Adjustment of Refund Against Due Amount:
The Department proposed to recover over Rs. 42.00 lacs as duty on stolen scrap by adjusting it against the appellant's refund. The tribunal had previously directed the Commissioner to ensure relief to the appellant without interference from detention proceedings. However, the officer entertained references from another department official to adjust the refund against the due amount, contrary to the tribunal's directive and Board's Circular. Despite granting a reasonable time for compliance, the officer's actions were seen as non-compliance with the tribunal's order, necessitating a time-bound implementation to seek pardon.

Conclusion:
The officer's passing of the Order-in-Original and adjustment of refund against a due amount were found to be in violation of the tribunal's specific direction. The officer was given a chance to rectify the situation by implementing the tribunal's orders within seven days, failing which further action may be taken. The case was adjourned for the officer to report compliance, and his apology would be considered based on the implementation of the tribunal's directives.