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2016 (11) TMI 1268 - AT - CustomsRejection of refund claim - time bar - Held that - any refund application beyond period specified under Section 11B of the Central Excise Act could not be entertained unless the refund was as a consequence of declaration of a provision as unconstitutional - the refund claim filed by the appellant is time-barred - appeal dismissed - decided against appellant.
Issues:
Refund claim rejection based on time limitation under Section 27(1)(b) of the Customs Act, 1962. Analysis: The appellant imported Heavy Melting Steel Scrap and paid excess duty due to a clerical error made by the CHA, resulting in a refund claim rejection by the Assistant Commissioner of Customs as time-barred under Section 27(1)(b) of the Customs Act, 1962. The Commissioner (Appeals) upheld this decision, leading to the present appeal. The appellant argued that the excess amount paid was not duty and thus not subject to the time limitation under Section 27(1)(b). Supporting authorities were cited, emphasizing that the mistaken payment should not be considered as duty. However, the AR contended that the amount, though excessive, was indeed duty, making the time bar applicable under Section 27. The AR referenced cases like Andrew Telecom (I) Pvt. Ltd. and Sarita Handa Exports (P) Ltd. to support this position. The Tribunal noted that the appellant's cited authorities were not relevant in this case. Citing the decisions in Mafatlal Industries Ltd. and Sarita Handa Exports, the Tribunal held that refund applications beyond the specified period under Section 11B of the Central Excise Act could not be entertained unless the refund resulted from a provision being declared unconstitutional. Relying on these precedents, the Tribunal concluded that the refund claim was time-barred and dismissed the appeal. In conclusion, the Tribunal upheld the rejection of the refund claim based on the time limitation under Section 27(1)(b) of the Customs Act, 1962, following established legal principles and precedents set by higher courts.
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