2008 (9) TMI 656 - AT - Customs

Refund - Additional duty of customs - Held that - In the present case, the rate shown column 4 is 5%. Therefore, the duty paid in excess of 5% should be available as refund to the appellant - the refund of payment of additional duty of customs in excess of 5% allowed - appeal disposed off.

Summary

Issues:
1. Interpretation of Notification No. 21/2002-Cus. dated 1-3-2002 for claiming refund of additional customs duty paid on imported kits for vehicle conversion.

Analysis:
The appeal in question was filed against the Order-in-Appeal No. 10/2008 passed by the Commissioner Customs, Central Excise & Service Tax (Appeals-II) Hyderabad. The appellants imported kits for converting motor-spirit or diesel-driven vehicles into CNG or LPG-driven vehicles, claiming benefit under serial No. 229 of Notification No. 21/2002-Cus. They initially paid the duty accordingly but later sought a refund of Rs. 23,22,948/- on the grounds that no additional customs duty was payable as indicated by a remark in column No. 5 of the notification. The lower authority and the Commissioner (Appeals) rejected the refund claim, stating that the presence of the remark did not exempt the duty. However, during the hearing, the Chartered Accountant representing the appellant argued that as per the General Rules for interpretation of the schedule, if no rate of duty is specified in column 5, the rate in column 4 applies. Since the rate in column 4 was 5%, any duty paid in excess should be refunded. The Tribunal agreed with this interpretation and ordered the refund of the additional duty paid in excess of 5%.

In conclusion, the Tribunal disposed of the appeal by ordering the refund of the excess duty paid by the appellant, based on the correct interpretation of the notification and the applicable duty rates. The decision highlighted the importance of understanding and applying the relevant rules and provisions for customs duty refunds, ensuring that duties are calculated and paid correctly in accordance with the law.