2018 (3) TMI 564 - AT - Customs

Refund claim - wrong goods at project stores as per order specification - Section 26A (1)(a) of the Customs Act, 1962 - Held that - the appellant returned the goods as defective and therefore, they are entitled to get Refund of import duty under Section 26A of the Act, 1962 - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Appeal against Order-in-Appeal No.Kol/Cus(A/P)/AA/477/2017
- Claim for refund of duty on imported spare parts of compressor
- Discrepancy between imported goods and goods exported
- Application of Section 26A of the Customs Act, 1962

Analysis:
1. Appeal against Order-in-Appeal: The appellant filed an appeal against the Order-in-Appeal passed by the Commissioner (Appeals) of Customs, Kolkata. The case involved the importation of spare parts of a compressor by M/s Indian Oil Corpn.Ltd. under Bill of Entry No.5777302, which were later identified as wrong goods at their project stores. The appellant claimed a refund of duty amounting to ?6,80,397.

2. Claim for Refund of Duty: The Assistant Commissioner of Customs, Air Cargo Refund Section, observed a mismatch between the quantity and description of the imported goods and those exported, leading to the denial of the refund claim. Despite submissions and clarifications by M/s Indian Oil Corporation Ltd., the authorities found it difficult to establish conclusively that the imported and exported goods were identical.

3. Discrepancy between Imported and Exported Goods: The Commissioner (Appeals) dismissed the appeal based on the mismatch between the goods imported and exported. However, the appellant presented a letter from Cyber Freight International stating the forwarding of wrong materials to IOCL and requesting permission to retrieve the cargo. This discrepancy was crucial in the decision-making process.

4. Application of Section 26A of the Customs Act: The Tribunal analyzed the case under Section 26A of the Customs Act, 1962, which allows for the refund of import duty if the goods are found to be defective or not in conformity with agreed specifications. Upon reviewing the correspondences and Bills of Entry, the Tribunal found that the appellant returned the goods as defective, making them eligible for a refund under this section.

5. Final Decision: The Tribunal set aside the impugned order and allowed the appeal filed by the appellant, concluding that they were entitled to a refund of import duty under Section 26A of the Customs Act, 1962. The decision highlighted the importance of establishing discrepancies and defects in imported goods to claim refunds under the relevant legal provisions.