2017 (9) TMI 1081 - AT - Customs

Jurisdiction - filing of Drawback claim before wrong forum - rejection on the ground of time limitation - Held that - the period of one year got consumed for no fault of the Appellant - since the appellant had filed their claim within time before the wrong forum, and thereafter repeatedly filed before the authorities as per direction of the concerned authority, therefore, there is no delay in filing drawback claim - matter is remanded to the ld. Commissioner of Central Excise for adjudicating the claim in accordance with its merit - appeal allowed by way of remand.

Summary

Issues Involved:
Delay in filing drawback claim before the appropriate authority.

Analysis:
The case involved a delay in filing a drawback claim before the appropriate authority, leading to the rejection of the claim by the Commissioner of Central Excise, Ahmedabad-III. The appellant initially filed the claim with the SEZ Authority in Mumbai, which was returned after seven months, directing them to file before the Commissioner of Central Excise/Customs having jurisdiction over the DTA unit. Subsequently, the appellant filed the claim with the Assistant Commissioner of Customs in Ahmedabad, who returned it after four months, instructing them to file before the Commissioner of Central Excise, Ahmedabad-III. The appellant then filed the claim with the latter, resulting in rejection due to being filed beyond the one-year period.

The appellant argued that the claim was initially filed within three months of the Let Export Order of goods before the wrong forum. However, they promptly filed with the appropriate forums as directed, contending that there was no delay in filing the claim. On the other hand, the Revenue reiterated the findings of the Commissioner of Customs, Ahmedabad-III.

The Member (Judicial) noted that the delay was due to the authorities retaining the claim for extended periods and directing the appellant to file before different forums. The Member found that the appellant had filed the claim within time before the wrong forum and subsequently followed the directions of the concerned authorities. As a result, the Member concluded that there was no delay in filing the drawback claim. Consequently, the impugned order was set aside, and the matter was remanded to the Commissioner of Central Excise for adjudication based on merit. The appeal was allowed by way of remand, providing a favorable outcome for the appellant.