1999 (8) TMI 177 - AT - Customs

Summary

Issues:
1. Non-compliance of Tribunal's Order-in-Appeal No. C/1 & 2/91-A for refund of excess duty paid on imported goods.
2. Refusal of refund by the Assistant Commissioner despite Tribunal's decision.
3. Delay in refund and high-handed action by the Assistant Commissioner.

Issue 1: Non-compliance of Tribunal's Order-in-Appeal No. C/1 & 2/91-A for refund of excess duty paid on imported goods:
The petitioner imported two consignments of buttons, and Customs Authorities enhanced the values, leading to higher duty payments. The Tribunal's Final Order No. 2362/96 set aside the orders imposing duty on the enhanced values. The petitioner applied for a refund of the excess amount paid, complying with document requests except for original TR 6 Challans. Despite this, the Assistant Commissioner rejected the refund claim, which was seen as an attempt to overreach the Tribunal's decision.

Issue 2: Refusal of refund by the Assistant Commissioner despite Tribunal's decision:
The Tribunal found that the Assistant Commissioner's rejection of the refund claim was unjustified. The Tribunal had quashed the Customs Authorities' actions in enhancing the values, making it obligatory to return the excess amounts paid by the importer. The Assistant Commissioner's refusal to refund the money, despite the Tribunal's order, was considered a high-handed action and an attempt to unsettle the effect of the Tribunal's final decision.

Issue 3: Delay in refund and high-handed action by the Assistant Commissioner:
The Tribunal criticized the authorities for prolonging the matter and delaying the refund, contrary to the Tribunal's order. The delay was seen as an attempt to avoid complying with the Tribunal's decision. The Tribunal directed the respondents to refund the excess amounts within two weeks, with interest at 18% from a specified date. Additionally, the Tribunal suggested recovering the interest from the Assistant Commissioner responsible for the unjust refusal, emphasizing the importance of following the rule of law.

In conclusion, the Tribunal's judgment highlighted the importance of timely compliance with its decisions, ensuring justice for importers and upholding the rule of law in customs matters.