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Issues involved:
The issues involved in this judgment relate to the imposition and refund of anti-dumping duty on PVC Resin imported from South Korea, specifically concerning the timing and procedure for claiming refunds, jurisdiction of the tribunal, and entitlement to interest on delayed refunds. Imposition and Refund of Anti-Dumping Duty: The case involved the import of PVC Resin from South Korea, subject to anti-dumping duty. Initially, duty was levied at Rs. 1700 PMT, which was later reduced to Rs. 1253 PMT. The importer sought a refund of the excess amount paid, which was rejected on the grounds of being time-barred. The tribunal held that the duty was provisional, and the claim for refund was not barred by limitation under Section 27 of the Customs Act. Jurisdiction of the Tribunal: The appeals filed by the Revenue were initially directed to a special forum specified in Section 9C(5) of the Customs Tariff Act, leading to a transfer of the appeals to the Delhi Bench for adjudication by a bench constituted under the relevant section. Entitlement to Interest on Delayed Refunds: The tribunal ruled that the Central Government was obligated to refund the excess anti-dumping duty collected promptly after the final determination of duty. As the refund was delayed for over seven years, the importer was entitled to interest at a rate of 12% per annum from the date of expiry of three months from the final notification until the date of payment. This judgment clarifies the legal provisions governing the imposition and refund of anti-dumping duty, highlights the jurisdictional aspects of tribunal proceedings, and establishes the entitlement of importers to interest on delayed refunds in accordance with statutory provisions.
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