2008 (4) TMI 155 - AT - Customs

Refund claim was filed on the ground of short-shipment, after clearance of the goods for home consumption under out-of-customs charge order of the proper officer Duty was paid on the quantity and value declared in the Bill of Entry and mentioned in the supplier s invoice - assessment was not challenged in accordance with law hence refund claim supported by a subsequent event free replacement of the short-shipped goods by the supplier cannot be sustained

Summary

Issues: Rejection of refund claim based on short-shipment of goods.

In this case, the appellate tribunal heard an appeal against the rejection of a refund claim by the assessee. The appellants had imported cables and connectors, cleared after paying duty based on declared quantity and value under out-of-customs charge order. The appellants later discovered shortages and filed a refund claim for short-shipment, which was denied by the original authority and upheld by the Commissioner (Appeals). The tribunal noted that the alleged short-shipment was based on a survey conducted by an independent surveyor at the appellant's premises without involving the department. The refund claim was made after the goods were cleared for home consumption, and duty was paid as per the declared quantity and value. Since the assessment was not legally challenged, the tribunal found that a claim for refund based on subsequent events, such as free replacement of short-shipped goods, could not be accepted. Consequently, the tribunal dismissed the appeal, affirming the decision of the lower authorities.

In conclusion, the tribunal's decision was based on the timing of the refund claim after clearance of goods, the absence of challenge to the assessment, and the lack of department involvement in the survey establishing short-shipment. The tribunal emphasized the importance of following legal procedures and found no grounds to overturn the decisions of the lower authorities.