2008 (1) TMI 250 - AT - Customs

Issue involved in this case is regarding the duty which was paid by the respondent before the examination of container - On examination of the container, it was noticed that the container was empty since duty was paid before examination of container, refund of duty paid on these containers is admissible

Summary

Issues:
- Stay application filed by Revenue for Order-in-Appeal sanctioning refund claim.
- Duty paid by respondent before examination of container.
- Commissioner (Appeals) conclusion on duty payment and refund claim.

Analysis:
The judgment by the Appellate Tribunal CESTAT, Mumbai, involved a stay application by the Revenue regarding the Order-in-Appeal sanctioning a refund claim. The Member (J) noted that the issue at hand was narrow, allowing for the appeal to be disposed of without the need for a stay. The core issue revolved around the duty paid by the respondent before the examination of the container, which was later found to be empty by Customs authorities. The Commissioner (Appeals) upheld the refund claim, emphasizing that the duty was paid on goods that were never received, leading to the conclusion that the refund amount was due to the respondent. The judgment highlighted that there was no dispute regarding the non-arrival of goods and the emptiness of the container. The Commissioner's reasoning, based on the Customs Act, 1962, focused on the lack of goods to justify the refund. The Member (J) found no grounds to interfere with the Commissioner's well-reasoned order, ultimately upholding the impugned decision and dismissing the Revenue's appeal. The judgment was dictated and pronounced in open court, finalizing the resolution of the case.