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2018 (2) TMI 1076 - AT - CustomsRefund claim - denial on the ground that since the appellant had not filed appeal against the assessment order, therefore, the refund claim filed under Sec 27 of the Customs Act, 1962 is not maintainable - whether the appellant are entitled to refund of customs duty paid against respective Bills of Entry which was finally assessed on 22.2.2014? - Held that - post amendment to Sec 27, w.e.f. 1.4.2011 there is no necessity to file appeal against the assessment order, while claiming refund under Section 27 of the Customs Act, 1962 - reliance placed in the case of Micromax Informatics Ltd vs UOI 2016 (3) TMI 431 - DELHI HIGH COURT . The matter is remanded to the Adjudicating Authority to consider the refund claim on merit - Appeal allowed by way of remand.
Issues Involved:
1. Entitlement to refund of customs duty 2. Interpretation of Section 27 of the Customs Act, 1962 3. Requirement of challenging assessment order for refund Analysis: Issue 1: Entitlement to refund of customs duty The appellant filed an appeal against an order passed by the Commissioner (Appeals) of Central Excise, Customs, and Service Tax-AHMEDABAD. The main issue was whether the appellant was entitled to a refund of customs duty paid against Bills of Entry finally assessed on 22.2.2014. The refund claim was rejected due to the appellant not challenging the assessment order. The appellant argued that post-amendment to Section 27 of the Customs Act, 1962, challenging the assessment order was not necessary for claiming a refund. The appellant cited relevant judgments to support their claim. The Tribunal noted that the issue related to refund of customs duty paid during provisional assessment, which became due after 1.4.2011, the effective date of the amendment to Section 27. Issue 2: Interpretation of Section 27 of the Customs Act, 1962 The Tribunal referred to the amended Section 27, which allows any person to claim a refund of duty paid or borne by them within one year from the date of payment. The Tribunal highlighted the changes brought by the amendment, emphasizing that the condition of payment pursuant to an assessment order was no longer necessary. The Tribunal also mentioned the instances where refund should be paid to the claimant instead of being credited to the Consumer Welfare Fund. The Tribunal cited the judgment of the Hon'ble Delhi High Court in a similar case, which interpreted the amended provision and clarified that filing an appeal against the assessment order was not a prerequisite for claiming a refund under Section 27. Issue 3: Requirement of challenging assessment order for refund The Tribunal, following the principles laid down by the Hon'ble Delhi High Court, concluded that post-amendment to Section 27, effective from 1.4.2011, there was no requirement to file an appeal against the assessment order when claiming a refund under the Customs Act, 1962. The Tribunal set aside the impugned order and remanded the matter to the Adjudicating Authority to consider the refund claim on its merits, allowing the appeal by way of remand. In summary, the Tribunal's judgment clarified the entitlement to a refund of customs duty, the interpretation of Section 27 post-amendment, and the lack of necessity to challenge the assessment order for claiming a refund under the Customs Act, 1962.
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