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2022 (12) TMI 1473 - HC - CustomsApplicability of time limit prescribed under Section 27 of the Customs Act 1962 in case of refund of Special Additional Duty of Customs (SAD) - HELD THAT - This court is informed that the special leave petition was preferred by the appellant against the decision in M/s Sony India Pvt. 2014 (4) TMI 870 - DELHI HIGH COURT . The said special leave petition was dismissed by an 2016 (11) TMI 500 - SC ORDER on the ground of delay however the question of law was kept open - This court is also informed that the Bombay High Court has taken a different view in M/S. CMS INFO SYSTEMS LIMITED VERSUS THE UNION OF INDIA OTHERS 2017 (1) TMI 786 - BOMBAY HIGH COURT . This court finds no reason to differ with the aforesaid view - Appeal dismissed.
Issues:
1. Condonation of delay in filing the appeal under Section 5 of the Limitation Act. 2. Interpretation of the time limit under Section 27 of the Customs Act 1962 for refund of Special Additional Duty of Customs (SAD). 3. Conflict between decisions of different courts on the applicability of the time limit. Condonation of Delay: The appellant sought condonation of a 75-day delay in filing the appeal, which was allowed by the court based on reasons provided in the application. The delay was condoned under Section 5 of the Limitation Act, and the application was disposed of accordingly. Interpretation of Customs Act: The appellant challenged an order rejecting their appeal by the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) based on a previous court decision. The main issue was the applicability of the time limit prescribed under Section 27 of the Customs Act 1962 to the refund of Special Additional Duty of Customs (SAD). The court noted that a special leave petition against the previous decision was dismissed due to delay, but the question of law was left open. The Bombay High Court had a different view on the matter. Despite this, the court, following its previous decision, dismissed the appeal in line with the decision in M/s Sony India Pvt. Ltd. vs Commissioner of Customs. Conflict of Decisions: The court acknowledged the differing views of the Bombay High Court and its own decision in M/s Sony India Pvt. Ltd. The court, after considering the conflicting decisions, found no reason to depart from its previous stance and dismissed the appeal along with the pending application. The court's decision was influenced by the binding nature of its prior ruling and the lack of substantial reasons to deviate from it.
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