2021 (2) TMI 985 - HC - Customs

Refund of countervailing duty (CVD) - import of mobile handsets including cellular phones falling under Customs Tariff Heading (CTH) 8517 - HELD THAT - The issue raised in this writ petition would require further examination. Issue notice returnable after six weeks - Stand over to 9th April, 2021.

Summary

Issues involved:
1. Validity of refund claim based on Supreme Court decision
2. Application of Supreme Court decision retrospectively to granted refunds

Analysis:
1. The petitioner, an importer of mobile handsets, claimed countervailing duty (CVD) based on a Supreme Court decision. The refund claim was initially rejected, leading to a writ petition. The High Court directed the customs authority to process the refund claim, resulting in the sanction of a substantial refund under the Customs Act, 1962.

2. Subsequently, the Supreme Court overturned judgments of the Delhi and Madras High Courts, stating that self-assessment constitutes an order of assessment. The Court ruled that unless modified, a claim for refund cannot be admitted under section 27 of the Customs Act. The Commissioner of Customs (Import), Mumbai contended that the previous refund granted to the petitioner should be returned due to the new Supreme Court decision. Consequently, a demand cum show cause notice was issued to the petitioner under section 28(1) of the Customs Act, 1962.

3. The key question raised was whether the Supreme Court decision of 2019 could be applied retrospectively to cases where refunds had already been granted. The Court, after hearing the petitioner's senior counsel, decided that further examination of this issue was necessary. As a result, notice was issued to the respondents, and a stay was placed on the demand cum show cause notice and the subsequent order in original.

4. The Court scheduled the next hearing for April 9, 2021, indicating that the matter required additional deliberation. The petitioner was directed to serve the respondents afresh and file an affidavit of service. The stay on the impugned demand cum show cause notice and the consequential order was maintained until the next hearing date.