2015 (4) TMI 417 - AT - Customs

Denial of refund claim - Refund of excess duty paid - Denial on the ground that without challenging the assessment refund could not have been sanctioned - Held that - there is no dispute about the classification or rate of duty applicable. It is a pure and simple mistake of declaring a wrong currency which resulted in payment of excess duty which has been rectified by the adjudicating authority. Therefore the question of applying the ratio of Priya Blue case 2004 (9) TMI 105 - SUPREME COURT OF INDIA does not arise at all. On the contrary in a large number of decisions cited by the Counsel for the appellant this Tribunal has held that in case excess duty has been paid on account of clerical error refund is admissible. Following the ratio of these decision I hold that the appellant is rightly entitled to the refund of excess duty paid. - Decided in favour of assessee.

Summary

Issues:
- Refund of excess duty paid due to a clerical error in declaring the currency in the bill of entry.
- Applicability of the decision in Priya Blue Industries Ltd. case on refund claims.
- Justification for granting refund without challenging the assessment.

Analysis:
1. Refund of Excess Duty Paid: The appellant imported goods with a clerical error in declaring the currency as Euro instead of US $. The appellant promptly realized the mistake after payment of duty and clearance of goods, leading to a refund claim for the excess duty paid. The appellant provided supporting evidence, including purchase orders, letters from the foreign supplier and banker, confirming the correct currency as US $. The adjudicating authority, after verifying the evidence and ensuring no unjust enrichment, sanctioned the refund of the excess duty paid amounting to Rs. 5,59,861 to the appellant importer.

2. Applicability of Priya Blue Industries Ltd. Case: The lower appellate authority cited the Priya Blue Industries Ltd. case, stating that without challenging the assessment, a refund could not be granted, as per the decision of the Apex Court. However, the appellant argued that the Priya Blue case dealt with completed assessments, whereas the present issue stemmed from a clerical error rectified by the adjudicating authority. The Tribunal noted that the Priya Blue case did not involve clerical mistakes in import documents. In cases of clerical errors leading to excess duty payment, numerous Tribunal decisions supported the admissibility of refunds. Therefore, the Tribunal held that the appellant was entitled to the refund of excess duty paid and set aside the lower appellate authority's decision.

3. Justification for Granting Refund: The Tribunal emphasized that the error in declaring the wrong currency was a clerical mistake, not affecting the classification or duty rate. The adjudicating authority's reassessment corrected the duty liability, leading to the refund sanction. As the mistake was rectified and excess duty was paid due to a clerical error, the Tribunal deemed the appellant eligible for the refund. The Tribunal ruled in favor of the appellant, allowing the appeal and restoring the order granting the refund. The Tribunal directed immediate payment of the refund to the appellant upon receipt of the order.

This detailed analysis of the judgment highlights the key issues of refund due to a clerical error, the application of legal precedents like the Priya Blue case, and the justification for granting a refund without challenging the initial assessment.