2008 (5) TMI 573 - AT - Central Excise

Summary

Issues:
Refund of customs duty on shortage of imported goods.

Analysis:
The case involved the Appellants who imported HMS Metal Scrap and faced a shortage of 82.680 MTs during examination by Central Excise officers. The Adjudicating Authority initially sanctioned the refund claim of Rs. 1,56,200/- for the customs duty paid on the shortage. However, the Revenue filed an appeal before the Commissioner (Appeals) challenging the refund claim, arguing that since the shortage was detected at the importer's premises, the refund of duty was not admissible.

The Appellants argued that previous decisions by the Tribunal supported their claim for refund when short receipt of goods was admitted, citing cases like CCE, Bangalore v. Kennametal Widia India Ltd. and CC (Import), Nhava Sheva v. Motor Industries Co. Ltd. On the other hand, the DR representing the Revenue reiterated the Commissioner (Appeals)' finding, emphasizing that the shortage was discovered at the importer's premises, which according to a previous Tribunal decision in the case of CC, Madras v. Guindy Machine Tools Ltd., could not be considered a case of short landing.

Upon reviewing the evidence and arguments presented, the Tribunal found that the Adjudicating Authority had sanctioned the refund claim based on the examination report by Central Excise Authorities, which clearly indicated the shortage of goods. The Tribunal noted that the Revenue did not dispute the short receipt of goods but contended that since the shortage was detected at the importer's premises, the refund claim should not be accepted. However, the Tribunal referenced previous decisions to support the Appellants' entitlement to a refund based on documentary evidence and legal provisions under Section 27 of the Customs Act, 1962.

Ultimately, the Tribunal concluded that the order of the Commissioner (Appeals) was not sustainable, setting it aside and restoring the order of the Adjudicating Authority, thereby allowing the appeal filed by the Appellants for the refund of customs duty on the shortage of imported goods.