2009 (1) TMI 103 - HC - Customs

Refund of custom duty - Revenue submitting that issue regarding setting aside the confiscation is pending before the HC held that, Mere admission of the appeal (by HC) does not render the order (of tribunal of setting aside the confiscation) ineffective - Tribunal is justified in upholding Commissioner s order and directing disposal of the refund claim of customs duty paid u/s 125(1) and (2) at the time of seeking provisional release of the goods

Summary

Issues:
1. Dispute over refund of customs duty voluntarily paid for provisional release of seized goods under the Customs Act, 1962.
2. Validity of Tribunal's direction to consider and dispose of the refund claim after setting aside confiscation of goods.

Analysis:
1. The appellant-Revenue filed an appeal against the Customs, Excise & Service Tax Tribunal's order directing the refund of duty voluntarily paid under the Customs Act, 1962 for provisional release of seized goods. The Tribunal's decision raised questions on the justification of refund adjudication under Section 125(1) and (2) of the Act. The respondent, a 100% Export Oriented Unit, faced confiscation and duty demands which were later set aside by the Commissioner (Appeals) and the Tribunal. The Tribunal's direction for refund consideration was challenged by the appellant in the High Court, arguing that the Tribunal overstepped by ordering refund assessment post-confiscation reversal.

2. The High Court noted that the Tribunal's order setting aside the confiscation of goods was not stayed pending appeal, indicating its merit-based nature. The application for duty refund stemmed from the confiscation reversal, prompting the Tribunal to instruct its consideration and disposal, aligning with the Commissioner (Appeals)'s prior directive. The appellant's contention of the Tribunal's error in ordering refund review post-confiscation annulment was dismissed by the Court. It was concluded that no substantial legal question arose for the Court's deliberation, leading to the dismissal of the appeal. The Court emphasized the lack of stay on the Tribunal's order and the absence of a specific directive rendering it ineffective, underscoring the procedural and substantive aspects of the case.

This analysis encapsulates the legal intricacies and procedural nuances involved in the judgment, addressing the core issues and the Court's reasoning behind dismissing the appeal.