2013 (12) TMI 1349 - AT - Customs

Denial of refund claim - Import made in 1986 - Goods released on payment of redemption fine - Bar of limitation - Held that - appellant has imported the goods in 1986 and paid the duty and redemption fine at the time of clearance, the said order was challenged by the appellant before the Commissioner (Appeals). Till date, neither the appellant tried to obtain a copy of the order of Commissioner (Appeals) even after they got the communication in 2005 that the appeal has been decided in the year 1987 nor the order of 1987 passed by the Commissioner (Appeals) is on record. In the absence of the fate of the assessment, refund claim is not maintainable. We have further observed that the goods have been imported in 1986 and refund claims was filed in the year 2005-06 which is highly time barred - in the absence of the fate of their assessment refund claim is not maintainable - Decided against assessee.

Summary

Issues:
- Early hearing application for appeal
- Classification of imported goods as tools or spares
- Refund claim rejection based on appeal outcome
- Time-barred refund claim

Early Hearing Application for Appeal:
The applicant filed an application for early hearing of the appeal due to the issue involving an import from 1986 and a subsequent refund claim in 2005. The Tribunal allowed the application and proceeded to hear the appeal.

Classification of Imported Goods as Tools or Spares:
The appellant imported Guillotine Shear Blades in 1986, which were alleged to be tools and not spares. Consequently, the goods were confiscated, duty was demanded, and a redemption fine was imposed. The appellant challenged the assessment before the Commissioner (Appeals) in 1986-87, claiming they had not received any notice of hearing or order until 2005. The appellant contended that they imported spares, not tools, and requested a refund.

Refund Claim Rejection Based on Appeal Outcome:
The refund claim of duty and redemption fine paid during clearance was rejected by the adjudicating authority and the Commissioner (Appeals) on the grounds that without the outcome of the appeal before the Commissioner (Appeals), the refund claim was not maintainable. The Tribunal noted that the appellant did not obtain a copy of the 1987 order from the Commissioner (Appeals) despite being informed in 2005, rendering the refund claim not maintainable.

Time-Barred Refund Claim:
The Tribunal observed that the goods were imported in 1986, and the refund claim was filed in 2005-06, making it highly time-barred. Due to the absence of clarity regarding the assessment outcome and the delayed refund claim, the Tribunal held that the refund claim was not maintainable and dismissed the appeal.

In conclusion, the Tribunal dismissed the appeal, emphasizing that without knowledge of the assessment outcome and the significantly delayed refund claim, the appellant's request for a refund could not be entertained.