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Appeals against order in appeal by Collector of Customs, time-barred refund claims, provisional assessment at Kandla, final assessments at Baroda, applicability of Sec. 18 of Customs Act, necessity of protest for refund claims, date of final assessment for time limitation. Analysis: The judgment by the Appellate Tribunal CEGAT, Bombay involved three appeals challenging the order in appeal by the Collector of Customs, Bombay. The appeals revolved around the issue of time-barred refund claims filed by the appellants. The appellants had imported consignments of paraxylene, warehoused the goods at Kandla, and provisionally assessed the goods under Sec. 18 of the Customs Act pending chemical tests for classification. Subsequently, the assessments were finalized at Kandla, leading to revised assessments under the Central Excise Tariff for purpose of CVD. Part of the goods was transferred to Baroda and re-warehoused there. The appellants filed refund claims for excess duty paid on ex-bond clearances at Baroda, which were rejected as time-barred by the Asstt. Collector and upheld by the Collector (Appeals), prompting the appeals. The appellants contended that the duty payments at Baroda were provisional based on the assessments at Kandla, supported by evidence of provisional assessments at Kandla and a letter from the Asstt. Collector, Kandla. They argued that since the assessments at Baroda were based on provisional assessments at Kandla, no protest was necessary, and the duty payments were not final. On the other hand, the JDR for the respondent argued that assessments at Baroda were final since no protest was lodged after transfer from Kandla, making the refund claims time-barred. However, both sides agreed that assessments at Kandla were provisional and finalized in May 1980. The Tribunal analyzed the provisions of Sec. 18 of the Customs Act, noting that provisional assessments can be applied even for warehousing Bills of Entry. It emphasized that since the entire consignment was provisionally assessed at Kandla, clearances at Baroda based on ex-bond Bs/E should also be deemed provisional. The Tribunal held that the refund claims were not time-barred as they were filed within six months of final assessment in one case and even before final assessment in two cases. Consequently, the appeals were allowed, and the cases were remanded to the Asstt. Collector for further consideration on merits and possible relief if the claims were found admissible. In conclusion, the judgment clarified the applicability of provisional assessments, the necessity of protest for refund claims, and the date of final assessment for determining time limitations. The Tribunal's decision to allow the appeals and remand the cases for further review underscored the importance of proper assessment procedures and timely filing of refund claims in customs matters.
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