2017 (9) TMI 1088 - AT - Customs

Refund of SAD - time limitation - Refund claim was rejected by the adjudicating authority as refund claim was said to be filed after the expiry of one year from the date of payment of duty by the respondent - Held that - reliance placed in the case of Sony India Pvt. Ltd. Versus The Commissioner of Customs 2014 (4) TMI 870 - DELHI HIGH COURT , where it was held that In the absence of specific provision of Section 27 being made applicable in the said notification, the time-limit prescribed in this section would not be automatically applicable to refunds under the notification - appeal dismissed - decided against Revenue.

Summary

Issues:
Refund claim time limit under Section 27 of the Customs Act for Special Additional Duty of Customs (SAD) - Interpretation of statutory provisions and applicability of time limit - Decision based on High Court ruling.

Analysis:
The appeal was filed against Order-in-Appeal No.1232/2015 dated 18.12.15, concerning a refund claim related to Special Additional duty of Customs (SAD) paid by the respondent for a Bill of Entry dated 12.6.2013. The refund claim was rejected by the adjudicating authority due to being filed after one year from the duty payment. The respondent argued that there was no time limit for SAD refund claims under Section 27. They cited a High Court decision stating that the one-year limitation period imposed through circulars/notifications was not applicable to SAD cases. The High Court ruling emphasized that subordinate legislation cannot impose limitations on substantive rights without statutory amendment. Consequently, the High Court held in favor of the assessee, rejecting the imposition of a limitation period through notifications.

The Commissioner (Appeals) upheld the High Court's interpretation and ruled in favor of the respondent. The Tribunal found the decision consistent with the jurisdictional High Court's ruling and declined to interfere with it, deeming it sustainable. Therefore, the Department's appeal was dismissed based on the established legal principles and interpretations of statutory provisions regarding refund claims and time limits under the Customs Act.

In conclusion, the Tribunal's decision aligned with the legal interpretation provided by the High Court, emphasizing the importance of statutory clarity and the limitations on subordinate legislation in imposing restrictions on substantive rights. The judgment underscored the necessity for statutory amendments to modify established rights and limitations, ensuring adherence to legal principles and protecting the rights of the parties involved in customs matters.