2001 (1) TMI 179 - AT - Customs

Summary

Issues:
1. Claim of refund of excess duty paid under Notification 173/92-Cus.
2. Interpretation of exemption notifications under the Customs Act.
3. Applicability of Supreme Court judgment in CC v. Bharat Heavy Electricals Ltd.

Analysis:

1. The appellants imported filter cartridges under Chapter 59 of the Customs Tariff and claimed exemption under Notification 173/92-Cus. They paid duty at 55% ad valorem, later seeking a refund of Rs. 1,31,255 based on the tariff rate of 40%. The Assistant Collector rejected the claim, stating the tariff rate should apply, not the exemption rate. The Commissioner (Appeals) upheld this decision.

2. The appellants argued that the duty under an exemption notification cannot exceed the tariff rate, citing the Supreme Court judgment in CC v. Bharat Heavy Electricals Ltd. They contended that the exemption notifications for basic and auxiliary duty are independent. However, the Revenue argued that by availing the basic duty exemption, the appellants were bound by the conditions of both notifications.

3. The Tribunal considered the appellants' conscious choice to avail the exemption at 55% duty during import, rejecting their later claim of a mistake in tariff calculation. While acknowledging the Supreme Court's stance on the independence of exemption notifications, the Tribunal emphasized the appellants' adherence to the law at the time of import. Consequently, the Tribunal dismissed the appeal, stating the appellants were not entitled to a refund based on the facts and legal provisions involved.