1991 (5) TMI 149 - AT - Customs

Summary

Issues:
- Whether the appellants' claim for refund of duty is barred by limitation.

Analysis:
The judgment delivered by the Appellate Tribunal CEGAT, New Delhi involved three appeals arising from a common order of the Collector (Appeals), which were being heard and disposed of together. The main issue for determination was whether the appellants' claim for refund of duty was time-barred. The appellants had imported newsprint for newspapers and challenged the levy of customs duty in 1981 through a Writ Petition in the Supreme Court. Subsequently, the Supreme Court directed the appellants to pay customs duty and furnish bank guarantees. The goods arrived in 1983, some damaged, and the appellants sought a refund. The final assessment was communicated to the appellants on 19-11-1984, and the claim for refund was filed on 21-12-1984 but rejected as time-barred on 9-7-1985.

The learned Advocate for the appellants argued that the claim was within the limitation period from the date of communication of the final assessment. He cited a judgment of the Calcutta High Court to support this position. On the other hand, the learned DR for the respondent contended that the claim was time-barred as the relevant date should be the adjustment of duty after finalization of assessment on 31-3-1984. The Tribunal acknowledged the appellants' argument, noting that although the assessment was finalized on 31-3-1984, the communication of this finalization to the appellants occurred on 19-11-1984. Therefore, the Tribunal held that the limitation period for the refund claim should be computed from the date of communication of the final assessment. As the refund claim was filed within six months from this date, it was deemed to be within the time limit. Consequently, the impugned order was set aside, and the appeals were allowed with any consequential relief.

In conclusion, the Tribunal ruled in favor of the appellants, determining that their claim for refund of duty was not barred by limitation as it was filed within the prescribed timeframe from the date of communication of the final assessment. The judgment highlighted the importance of the date of communication of final assessment in computing the limitation period for refund claims, ultimately leading to the decision to allow the appeals and provide relief to the appellants.