2017 (9) TMI 201 - AT - Customs

SAD refund - N/N. 102/2007-Cus. dt. 14.09.2007 - period of limitation - original refund was filed before the wrong authority - transfer of refund application to the correct authority after a lapse of one year from the date of payment of duty - Held that - reliance placed in the case of Poulose & Matthen Vs CCE 1985 (6) TMI 159 - CEGAT, NEW DELHI where the Tribunal has laid down that if an application is filed before an officer who does not have territorial jurisdiction, the application would not be ab initio either void or non-est - we are unable to find any infirmity in the orders of the lower appellate authority remanding the matter back to the original authority for de novo consideration as if the claims have been filed within time limit before the jurisdictional Sea Customs - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Refund claims filed in the wrong jurisdiction
2. Time limitation for filing refund claims
3. Jurisdictional authority for refund applications

Analysis:
1. The appeals involved 15 cases concerning refund claims filed by Nokia India Pvt. Ltd. for 4% additional duty of customs on mobile phone imports. The claims were initially filed with the wrong authority, leading to subsequent demand notices for payment. The claims were later transferred to the correct jurisdiction, but were rejected due to a delay in filing. The Commissioner of Customs (Appeals) remanded the cases for further verification, leading to appeals by the department against these orders.

2. The department argued that the exemption notification under Section 25(1) of the Customs Act required strict compliance with all conditions, and filing in the wrong jurisdiction was deliberate. They contended that the time limit for filing refund claims should not be extended due to jurisdictional errors. The respondent, on the other hand, claimed the filing in the wrong jurisdiction was inadvertent and that the actual filing date should determine the time limit, not the jurisdiction. The appellate forums had previously held that filing in the wrong jurisdiction does not invalidate claims if filed within the prescribed time limit.

3. The Tribunal found merit in the lower appellate authority's decision that filing in the wrong jurisdiction did not affect the claims' validity regarding the time limit. Referring to previous cases and the Supreme Court's decision, the Tribunal emphasized that the claims were within the Customs Department's purview and should be considered filed on the date submitted to Sea Customs. The Tribunal upheld the remand for de novo consideration on merit but extended the time for disposal to two months, considering the complexity of the proceedings. The department's appeals were dismissed based on these findings.