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Central Excise - Highlights / Catch Notes

Home Highlights March 2024 Year 2024 This

Refund of duty paid in excess - Admitted tax or not - The ...


Tribunal Rules Deposits Excluded from Self-Assessment; Refund Claims Not Bound by Limitation Period; Freight Excluded.

March 29, 2024

Case Laws     Central Excise     AT

Refund of duty paid in excess - Admitted tax or not - The Tribunal found that the amounts paid by the appellant were not part of self-assessment and were not reflected in the ER-1 returns. Therefore, they were considered as deposits, and the limitation for refund did not apply. The Tribunal rejected the Revenue's contention that the appellant should have challenged the self-assessment before seeking a refund, as the duty was not part of self-assessment. It was clarified that the freight amount was not included in the assessable value, as per previous decisions.

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