In this case, the High Court addressed the issue of a rejected ...

High Court clarifies time limit for refund claims in customs case. Must apply within 1 year of finalizing provisional assessment. Lack of awareness key issue. Tribunal decision upheld.

Case Laws     Customs

June 27, 2024

In this case, the High Court addressed the issue of a rejected refund claim due to being time-barred. The key determination was the relevant date for calculating the period of limitation for filing a refund claim u/s 27(1B)(c) of the Customs Act, 1962. The Court held that the assessee must apply for refund within one year of finalizing provisional assessment. The Court noted that the assessee's application for finalizing custom duty on a specific date indicated lack of awareness regarding the final assessment. Mere upload of final assessment orders by the Custom Department on the portal was deemed insufficient as it did not constitute proper intimation to the assessee. The Tribunal's consideration of various documents indicating communication of finalization of provisional assessment to the assessee was deemed appropriate. Ultimately, the Court found no fault in the Tribunal's decision and dismissed the appeal, ruling that no legal questions of significance were raised.

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