2011 (5) TMI 40 - AT - Customs

Refund claim - The appellant imported of High Speed Diesel Oil vide 14 Bills of Entry detailed in the impugned order in original and filed a refund claim - appellants submitted that the Bills of Entry were provisionally assessed and therefore the Board s Circular No. 24/2 4-Cus dated 18.3.2004 was not applicable in their case - Held that the appellants fairly conceded that the issue stands covered against them by the Hon ble Supreme Court in the case of Priya Blue Industries vs. Commissioner of Customs reported as 2004 -TMI - 47045 - SUPREME COURT OF INDIA - Find no merits in the appeal and reject the same.

Summary

Issues:
1. Challenge to refund claim rejection under Section 27 of the Act.
2. Applicability of Board's Circular No. 24/2004-Cus.
3. Provisional assessment of Bills of Entry.
4. Rejection of refund claim by original adjudicating authority and Commissioner (Appeals).
5. Impact of Hon'ble Supreme Court decision in Priya Blue Industries case on refund consideration.

Analysis:

1. The appellant imported High Speed Diesel Oil and filed a refund claim of Rs. 34,30,610, contending that the additional duty paid was exempted under Notification No. 43/2002-Cus. The refund claim was not accompanied by required documents, leading to a deficiency memo being issued. The appellant clarified that they did not challenge the assessment order on Bills of Entry.

2. A show cause notice was issued to the appellant questioning the refund claim rejection under Section 27 of the Act, citing non-challenge of assessment orders as per Board's Circular No. 24/2004-Cus. The appellant argued that the Bills of Entry were provisionally assessed, making the Circular inapplicable.

3. The original adjudicating authority rejected the refund claim, which was upheld by the Commissioner (Appeals) based on the lack of challenge to the assessed Bills of Entry. Citing the Hon'ble Supreme Court decision in Priya Blue Industries case, it was held that refund consideration was not viable in such circumstances.

4. The learned advocate for the appellant acknowledged that the issue was unfavorable based on the Priya Blue Industries case precedent. Consequently, the appeal was dismissed as lacking merit in light of the Supreme Court ruling.

This judgment underscores the significance of challenging assessment orders to support refund claims and highlights the impact of legal precedents on such matters, emphasizing compliance with procedural requirements and judicial decisions in customs and excise matters.