2008 (8) TMI 23 - HC - Customs

Refund - Excess of amount of customs duty paid because the department did not agree with classification. Later the issue of classification settled in favor of assessee - assessee claimed refund of excess paid - commissioner granted the refund but ordered to deposit in to consumer welfare fund - CESTAT has accepted the appeal of the assessee and allowed the refund. HC has confirmed the order of the tribunal as there is sufficient ground to prove that the burden of duty has not been passed.

Summary

Issues: Classification of imported goods, refund of excess duty paid, passing on the duty incidence to the buyer

Classification of imported goods:
The case involved a dispute over the classification of CCTV systems imported by the respondent. The Assessing Officer insisted on a different classification than what the respondent had claimed, resulting in the respondent paying additional customs duty. However, upon challenge, it was determined that the respondent's classification was correct under Customs Tariff Heading 8530.80.

Refund of excess duty paid:
Following the successful challenge to the classification, the respondent filed a refund application for the excess duty paid. The Deputy Commissioner (Refund) allowed the refund but directed that the amount be credited to the Consumers Welfare Fund as the duty incidence had allegedly been passed on to the buyer.

Passing on the duty incidence to the buyer:
The Tribunal found that the contracted price between the respondent and the buyer had not included the amount of customs duty on the imported goods. The Tribunal concluded that the excess duty paid was absorbed by the respondent and not passed on to the buyer. Therefore, the respondent was entitled to a refund of the excess duty paid.

The High Court upheld the Tribunal's decision, stating that no perversity in the Tribunal's finding was pointed out. The Court emphasized that the contracted price was determined before the import of the CCTV systems, and the excess duty paid was not passed on to the buyer. As a result, the Court dismissed the appeal, finding no substantial question of law to consider.