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TMI BlogRefund Procedure for Self Assessment Bill of EntryX X X X Extracts X X X X X X X X Extracts X X X X ..... Further, the Assessment Group is also not entertaining the re-assessment application, stating that since the applicant has not challenged the assessment, it has become final, and thus can't be re-opened relying on the Apex Court judgements rendered in the case of Priya Blue Industries Ltd [2004(172)ELT-145(SC)] and Flocks India Pvt Ltd (2000(120)ELT-285(SC)]. Some appeals filed against such stand taken by the Refund authority as, well as the Assessment authority, have recently been remanded back to the Refund authority for re-examination, in view of the judgement rendered in M / s Micromax Informatics Limited case. In the case of Micromax Informatics Ltd vs Principal Commissioner of Customs, ACC, Chennai [2017(358)ELT-38(Mad.)], H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... implementation of the order of the Hon'ble Court, the procedure for processing of refund claims is required to be re-visited and streamlined. (1) Wherever assessment under Section: 17 (4) of the Customs Act 1962 has been done contrary to the declaration by the. importer,. the proper officer is required to issue speaking order, which is appealable due to existence of lis (dispute) between the department and the importer. (2) Due to the paradigm shift after introduction of self assessment and amendment of section 17 and 27 w.e.f. 08.04.2011, question of challenging the assessment would not arise in normal course, since lis between the department. and the importer does not exist and / or since the assessment has not. been done by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessment. Group in replying to the reference, should be brought to the notice of the senior officers.by the Refund section. (6) Wherever lis does not exists between the department and the importer, the importer can opt for approaching the assessment group for re-assessment prior to his application to. the refund section. For the ease of doing business and trade facilitation; this is permitted. The assessment group may take up such application for further examination. However, since this is merely an extended procedural facility under Section 27 of the Customs Act for trade facilitation, no such application beyond one year of payment of duty should be entertained by the Assessment groups. It is. further clarified that the time barring p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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