2017 (11) TMI 1532 - AT - Customs

Refund claim - denial on the ground that as the appellant has not challenged the assessment of Bills of Entry - Held that - the lower authorities cannot dismiss the refund claims merely on the ground that assessment of bills of entry has not been challenged by the appellant and therefore the refund claims are not maintainable - reliance placed in the case of AMAN MEDICAL PRODUCTS LTD. Versus COMMISSIONER OF CUSTOMS, DELHI 2009 (9) TMI 41 - DELHI HIGH COURT , where it was held that the refund claim of the appellant was maintainable under Section 27 of the Customs Act and the non-filing of the appeal against the assessed bill of entry does not deprive the appellant to file its claim for refund under Section 27 of the Customs Act, 1962. The matter is remanded back to the adjudicating authority to consider the refund claims filed by the appellant - appeal allowed by way of remand.

Summary

Issues: Appeal against dismissal of refund claims due to unchallenged assessment of Bills of Entry.

Analysis:
1. The appellant's appeals were dismissed by the ld. Commissioner (Appeals) as the appellant did not challenge the assessment of Bills of Entry, leading to the denial of refund claims. The issue was taken up for final disposal due to the narrow compass of the matter.

2. The appellant had paid duty on the bills of entry, which was borne by them. Citing the decision of the Hon’ble High Court in the case of Aman Medical Products Limited Vs. Commissioner, it was noted that the duty payment was crucial. Subsequently, the issue was revisited by the Hon’ble Delhi High Court in the case of Micromax Informatics Limited Vs. UOI, emphasizing that refund claims should be considered on their merits, irrespective of the challenge to the assessment of bills of entry.

3. The amendments to Section 27 of the Act from 8th April 2011 were highlighted. The changes allowed for refund claims by any person who paid or bore duty, without the condition of an assessment order. The authority was mandated to determine refundability upon application under Section 27(1) and pay the refund in specified instances. The judgment clarified that the authority must process refund applications regardless of the challenge to the assessment order.

4. The judgment emphasized that the authority cannot reject refund claims solely based on unchallenged assessment of bills of entry. Relying on the precedents set by the Hon’ble Delhi High Court, it was held that lower authorities cannot dismiss refund claims on such grounds. The matter was remanded for the adjudicating authority to consider the refund claims on merits without focusing on the challenge to the bills of entry assessment.

5. Consequently, the appeals were disposed of by way of remand, directing the adjudicating authority to reevaluate the refund claims without considering the challenge to the bills of entry assessment.