2009 (10) TMI 378 - AT - Customs

Refund- Cost/recovery charges/ Merchant overtime paid under protest to Custom authorities. No appeal filed against demands for charges in question. Appellant cannot be allowed to challenge the demand of charges in question by way of filing refund claim. Section 27 Custom Act, 1962. Maintainability-Appealable Order- Letters issued by Assistant Commissioner of Custom consistently requiring appellant to pay cost recovery charges/Merchant overtime (MOT), which created civil liability for assessee, falling in the domain of quasi-judicial orders rather than administrative, and were appealable.

Summary

Issues:
1. Whether the appellant is liable to pay cost recovery charges/Merchant Overtime (MOT) charges for services rendered by customs officers during the manufacturing activities.
2. Whether the demand for cost recovery charges by the Assistant Commissioner of Customs is appealable.
3. Whether the appellant's refund claim for the amount paid under protest towards cost recovery charges is maintainable.

Analysis:
1. The appellants, engaged in vessel manufacturing, procured materials from indigenous sources and imported some materials. Customs officers supervised their manufacturing activities, and cost recovery charges were claimed. An amount paid under protest led to a dispute, with the appellant claiming no officer supervised their activities during the relevant period. The Assistant Commissioner demanded payment, warning of actions under the Customs Act. The appellant paid under protest, sought permission for de-bonding, and later claimed a refund. The Assistant Commissioner denied the refund, leading to an unsuccessful appeal. The appellate authority cited a Supreme Court decision and rejected the refund claim.

2. The appellant argued that the demand letters for cost recovery charges were not appealable orders. The learned counsel referred to a similar issue in a different case but failed to provide clarification. The Assistant Commissioner's letters, creating a civil liability and threatening statutory action, were deemed quasi-judicial orders. As no appeal was filed against the demands, the refund claim was rejected based on legal precedents and the failure to challenge the demands within the stipulated time. The appellant's reservation of the right to appeal in one letter did not materialize into an actual appeal, leading to the rejection of the refund claim.

3. The SDR cited legal cases to support the position that the refund claim was not maintainable due to the failure to challenge the earlier demands. Despite the appellant's argument that the demand letters were administrative and not appealable, the Tribunal found merit in the SDR's submissions. The failure to appeal against the demands rendered them enforceable in law over time, in line with legal principles established by previous court judgments. Consequently, the refund claim was rejected, and the appeal was dismissed based on the lower appellate authority's decision and legal precedents.