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TMI Blog2004 (6) TMI 408X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent. [Order per : V.K. Jain, Member (T)]. - The present appeal is directed against the Order-in-Appeal No. KOL/CUS/94/CKP/2003, dated 16-9-2003 by M/s. Haldia Petrochemicals Ltd., Kolkata. The issue in the present appeal relates to the admissibility of the Refund Claim filed by the appellant company. The brief facts of the case are that the appellants imported mechanical spares & presente ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orted immediately after importation, refund of duty paid on the importation of the goods would be governed by the provisions of Section 74 of the Customs Act, 1962. He also held that the appellant company was statutorily required to apply for duty drawback. Having not done so, the appellant company cannot seek relief under Section 27 of the Central Excise Act, and as such, the appeal filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ants is required to be refunded. The appellants have preferred the refund claim on that basis, inasmuch as the goods were not re-exported by them, but were sent back by the Customs Authorities. 3. Learned Consultant, Shri Chattopadhyay submitted a copy of the CEGAT's decision in the case of Indian Charge Chrome Ltd. v. Commissioner of Central Excise & Customs, BBSR-I reported in 2001 (132) E ..... X X X X Extracts X X X X X X X X Extracts X X X X
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