2018 (1) TMI 383 - AT - Customs

Refund claim - under-valuation of goods - Inspite of the Tribunal s decision, the department has not given any relief to the assessee - Held that - After the Tribunal s order, it is expected from the department to give effect of the Tribunal s order respectfully, but the department has failed to do so. When the refund was due in August 2006, then the amendment which came into effect in May 2007, is not applicable. It is applicable only with effect from its Notification i.e. 11th May 2007 and it is not applicable retrospectively - the appellant is entitled for the refund which was due in the month of August 2006 - the proper authorities directed to make the refund at the earliest as the matter is too old - appeal allowed.

Summary

Issues:
1. Refusal of refund claim based on amended provision of Customs Act, 1962.
2. Failure of the department to give effect to Tribunal's order for refund.

Analysis:
1. The appeal was against an Order-in-Appeal dated 30.12.2008 concerning the import of Button cells in 1997-98. The appellant was alleged to have under-valued the goods in the 4th consignment, leading to a demand for differential duty, penalty, and fine. The CESTAT had earlier set aside the impugned order, stating the demand was not justifiable. The appellant filed a refund claim following the Tribunal's decision, but it was rejected based on an amendment to Section 27 of the Customs Act, 1962, which imposed a six-month time limit for filing refund claims. The appellant argued that the amendment was not retrospective and that the claim was due in August 2006, before the amendment's effective date of 01.06.2007. The Tribunal agreed, allowing the appeal and directing the authorities to refund the amount due since August 2006 within three months.

2. Despite the Tribunal's earlier decision in August 2006, the department failed to give effect to the refund claim. The Tribunal emphasized that the amendment to Section 27 of the Customs Act, 1962, which imposed a time limit for refund claims, was not retrospective and only applicable from its notification date of 11th May 2007. Therefore, the appellant was entitled to the refund due in August 2006. The Tribunal directed the concerned authorities to honor the Tribunal's direction and make the refund promptly within three months, considering the age of the matter. Ultimately, the appeal was allowed in favor of the appellant, highlighting the department's obligation to respect Tribunal decisions and promptly process refunds as directed.

This comprehensive analysis addresses the issues raised in the legal judgment, detailing the arguments presented by both parties and the Tribunal's reasoning leading to the final decision in favor of the appellant.