2018 (5) TMI 162 - AT - Customs

Refund of duty - finalization of assessment - Held that - the Adjudicating Authority should consider the case laws as relied upon by the Learned Advocate while the passing the order in denovo proceedings - appeal allowed by way of remand.

Summary

Issues: Refund of duty under Section 18 of the Customs Act, 1962; Remand of the matter to the Adjudicating Authority

In this judgment by the Appellate Tribunal CESTAT AHMEDABAD, the issue of refund of duty under Section 18 of the Customs Act, 1962 was considered. The Tribunal referred to a previous order related to a similar set of bills of entry and highlighted the entitlement to a refund of duty after finalization of assessments under Section 18. The Tribunal noted that the assessment was finalized, and the refund was granted within the stipulated time, indicating no infirmity in the order on this issue. The Tribunal also addressed the remand of the matter to the Adjudicating Authority, emphasizing the settled law based on various decisions by the Tribunal and High Court. The Tribunal directed the Adjudicating Authority to examine the admissibility of the refund in line with the prevalent law and consider the case laws cited by the appellant's representative during the denovo proceedings. The Tribunal upheld the order of the Commissioner (Appeals) and instructed the Adjudicating Authority to complete the denovo proceedings within three months from the date of receipt of the order, given the matter's vintage from 1988. The appeal was disposed of with these observations, following the precedent set in previous decisions.

This judgment reaffirms the principles governing the refund of duty under Section 18 of the Customs Act, 1962, emphasizing the entitlement to a refund after the finalization of assessments. It also underscores the importance of considering relevant case laws during denovo proceedings, as highlighted by the appellant's representative. The Tribunal's directive to complete the proceedings within a specified timeframe aims to ensure timely resolution of the matter, despite its historical context. By remanding the case to the Adjudicating Authority, the Tribunal aligns with established legal precedents and upholds the need for thorough examination of the refund's admissibility in accordance with prevailing laws. The decision reflects a meticulous approach to addressing issues related to duty refunds and underscores the significance of legal clarity and adherence to procedural requirements in such matters.