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Issues:
1. Writ petition seeking Mandamus to cancel orders passed by Customs authorities and refund duty. 2. Interpretation of Section 27 of the Customs Act regarding limitation for filing refund claims. 3. Application of principles of natural justice in customs refund cases. 4. Consideration of legal precedents on refund of duty paid under mistake of law. 5. Jurisdiction of writ court under Article 226 to order refund without following statutory provisions. Analysis: 1. The writ petition was filed by the Orissa State Electricity Board seeking a Mandamus to cancel orders passed by the Collector of Customs (Appeal) and the Assistant Collector of Customs and refund a sum of Rs. 9,54,983.42. The petitioner alleged violation of natural justice and non-application of mind by the Customs authorities in passing the impugned orders. 2. The main contention was that the Customs authorities failed to consider that the limitation period under Section 27 of the Customs Act, 1962 did not apply to the petitioner's case. The Appellate Authority dismissed the claim for refund as time-barred under Section 27, which requires refund claims to be filed within six months from the date of duty payment unless paid under protest. 3. The petitioner argued that since the duty was not paid under protest, the six-month limitation period applied. The court examined Section 27 of the Customs Act, emphasizing the importance of timely refund claims and the statutory provisions governing such claims. 4. Legal precedents were cited by the petitioner's counsel to support the claim for refund of duty paid under a mistake of law. The court considered the applicability of the theory of unjust enrichment and the need to follow statutory provisions like Section 27 of the Customs Act in refund cases. 5. The court also discussed the jurisdiction of the writ court under Article 226 of the Constitution to order refunds without adhering to statutory provisions. It highlighted the importance of following the law and procedural requirements in refund cases, emphasizing that the writ court's role is to correct jurisdictional errors or manifest injustices. In conclusion, the court dismissed the writ petition, finding no merit in interfering with the Customs authorities' decision on the grounds of limitation. The court emphasized the importance of following statutory provisions like Section 27 of the Customs Act in refund cases and upheld the principle of timely filing refund claims to ensure legal compliance.
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