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2025 (2) TMI 113 - HC - CustomsRefund of excess custom duty paid - rejection of refund on the ground that the Appellant has not provided re-assessed bills of entry in respect of said refund claims - Condonation of delay in filing refund application and filing of appeal - HELD THAT - The Supreme Court in ITC LIMITED VERSUS COMMISSIONER OF CENTRAL EXCISE KOLKATA -IV 2019 (9) TMI 802 - SUPREME COURT (LB) reversed the decisions in MICROMAX INFORMATICS LIMITED VERSUS UNION OF INDIA OTHERS 2016 (3) TMI 431 - DELHI HIGH COURT and YU TELEVENTURES PVT. LTD. VERSUS UNION OF INDIA ORS 2016 (8) TMI 184 - DELHI HIGH COURT . It was directed that until and unless the assessment itself was finally modified the refund could not be allowed. As per the Supreme Court s decision in ITC refund applications could not be directly entertained without the order of assessment being modified through an order under Section 128 of the Customs Act 1962 or under any other relevant provisions of the Act. The bills of entry date back to 2014 and the applications for refund were filed way back in 2015. After the said applications were filed in fact the refund was allowed. These bills of entry were subject matter of adjudication before this Court and the matter has then travelled a long way till the Supreme Court. In the earlier round the issue of delay between the bill of entry and the application for refund has never been raised and it has therefore reached a finality. That period cannot now be calculated for the purpose of holding that the appeals filed before the CESTAT after the judgment in ITC are delayed. In fact the appeals are filed within the 90-day period from the date of pronouncement of judgment in ITC. Even the benefit of Section 14 would have to be given to the Appellant in this case in view of the fact that the fundamental basis for the refund has itself been changed after the decision in ITC by the Supreme Court. The delay in any case is therefore condonable. Conclusion - The Appellant cannot be non-suited on the ground that the appeals are barred by limitation. The appeals are allowed.
ISSUES PRESENTED and CONSIDERED
The core legal issues considered in this judgment are: 1. Whether the period elapsed between the date of filing respective bills of entry and the date of filing the application for refund is condonable beyond the statutorily prescribed period of 90 days under Section 128 of the Customs Act, 1962. 2. Whether the appeals filed by the Appellant before the Commissioner (Appeals) after the Supreme Court's decision in ITC Ltd. v. Commissioner of Central Excise, Kolkata-IV are within the limitation period, considering the application of Section 14 of the Limitation Act, 1963. ISSUE-WISE DETAILED ANALYSIS Issue 1: Condonation of Delay Beyond 90 Days Relevant Legal Framework and Precedents: Section 128 of the Customs Act, 1962 prescribes a limitation period of 90 days for filing appeals. The Supreme Court's decision in ITC Ltd. v. Commissioner of Central Excise, Kolkata-IV clarified that refund applications cannot be entertained without a modified order of assessment. Court's Interpretation and Reasoning: The Court analyzed whether the delay in filing appeals after the Supreme Court's decision in ITC (supra) could be condoned. The Court noted that the appeals were filed exactly 90 days after the ITC judgment, thus adhering to the statutory limitation period. Key Evidence and Findings: The Court found that the period between the decision in ITC (supra) and the filing of appeals was exactly 90 days. The Court emphasized that the delay between the bills of entry and the application for refund had reached finality and should not be considered for calculating the limitation period. Application of Law to Facts: The Court applied the legal principles from the ITC decision and concluded that the 90-day period should be calculated from the date of the Supreme Court's judgment. The Court also considered the benefit of Section 14 of the Limitation Act, 1963, which allows the exclusion of time spent in prosecuting in a wrong forum. Treatment of Competing Arguments: The Court rejected the argument that the delay in filing the appeals should include the time elapsed between the bills of entry and the refund application, as this issue had already reached finality in previous proceedings. Conclusions: The Court concluded that the delay was condonable and the appeals were filed within the limitation period. Issue 2: Application of Section 14 of the Limitation Act, 1963 Relevant Legal Framework and Precedents: Section 14 of the Limitation Act, 1963 allows for the exclusion of time spent in prosecuting in a wrong forum. The precedents considered include M.P. Steel Corporation v. Commissioner of Central Excise and P. Sarathi v. State Bank Of India. Court's Interpretation and Reasoning: The Court interpreted Section 14 to determine if the Appellant was entitled to exclude the period of litigation due to prosecuting in a wrong forum. The Court found that the Appellant was litigating in good faith based on the legal framework that existed before the ITC decision. Key Evidence and Findings: The Court found that the Appellant had filed appeals within 90 days of the ITC decision, and the litigation history showed that the Appellant acted in good faith. Application of Law to Facts: The Court applied Section 14 of the Limitation Act, 1963, to exclude the period of litigation from the calculation of the limitation period, as the Appellant was pursuing a remedy in a forum that was later deemed inappropriate due to the ITC decision. Treatment of Competing Arguments: The Court addressed the argument that the Appellant was not litigating in good faith by highlighting the change in the legal landscape following the ITC decision, which justified the Appellant's actions. Conclusions: The Court concluded that the benefit of Section 14 should be granted to the Appellant, and the appeals were filed within the permissible period. SIGNIFICANT HOLDINGS Core Principles Established: The Court established that the limitation period for filing appeals should be calculated from the date of the Supreme Court's decision in ITC (supra), and that Section 14 of the Limitation Act, 1963, can be applied to exclude the period of litigation in a wrong forum. Final Determinations on Each Issue: The Court determined that the appeals filed by the Appellant were within the limitation period and that the delay was condonable. The Court directed the Commissioner (Appeals) to adjudicate the appeals on merits and not on the ground of limitation.
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