2014 (11) TMI 489 - HC - Customs

Court dismissed the petition regarding confirmation of duty of ₹ 31 Lakhs as the appeal against the duty is pending with the Tribunal. Since the said appellate authority would be required to consider the legality and propriety of the demand since confirmed by the Assistant Commissioner of Customs it is not proper for this Court to express any view and/or opinion with regard to the claim made in the petition. Since the said appellate authority is in seisin over the matter the appellate authority is requested to dispose of the appeal preferably within a period of six months from the date of communication of this order without granting any unnecessary adjournment to either of the parties.

Summary

Issues:
1. Confirmation of demand by Assistant Commissioner of Customs
2. Refund allowed by Assistant Commissioner of Customs
3. Challenge of confirmed demand before Customs, Excise and Service Tax Appellate Tribunal
4. Directions for disposal of appeal by the Appellate Tribunal
5. Direction for the Customs Authorities regarding the amount in dispute
6. Dismissal of writ petition as infructuous

Confirmation of Demand by Assistant Commissioner of Customs:
The writ petition challenged an order by the Assistant Commissioner of Customs confirming a demand of Rs. 31 lakhs and allowing a refund of Rs. 7,09,081 to the petitioner. The petitioner had received the refund amount based on an order passed by the High Court earlier.

Challenge of Confirmed Demand before Appellate Tribunal:
The confirmed demand was subject to challenge before the Customs, Excise and Service Tax Appellate Tribunal through Appeal No. 312 of 2009. The appeal was admitted, and a stay petition was allowed. The High Court refrained from expressing any view on the legality of the demand, deferring to the jurisdiction of the appellate authority.

Directions for Disposal of Appeal by Appellate Tribunal:
The High Court instructed the Appellate Tribunal to expedite the disposal of the appeal within six months without unnecessary adjournments. The Customs Authorities were directed to maintain the disputed amount of Rs. 31 lakhs in a short-term fixed deposit with a Nationalised Bank until the appeal's resolution.

Dismissal of Writ Petition as Infructuous:
During the pendency of the writ petition, the adjudication proceedings were completed, and the demand was levied, rendering the petition infructuous. Consequently, the High Court dismissed the writ petition as infructuous, considering the completion of the adjudication process.

This judgment by the High Court of Calcutta addressed the challenge to a demand confirmed by the Assistant Commissioner of Customs, the subsequent appeal before the Appellate Tribunal, and provided directives for the disposal of the appeal and the handling of the disputed amount by the Customs Authorities. The dismissal of the writ petition as infructuous marked the conclusion of the legal proceedings in this matter.