Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Customs - Highlights / Catch Notes

Home Highlights July 2024 Year 2024 This

Petitioner filed four Ex-Bond Bills of Entry before Notification ...


Self-assessed goods before tariff hike. Reassessment orders quashed. Refund of additional duty allowed. Applicant to prove no unjust enrichment.

Case Laws     Customs

July 9, 2024

Petitioner filed four Ex-Bond Bills of Entry before Notification came into force, self-assessing goods at USD 1163 PMT. Notification enhancing tariff value was e-gazetted later. Reassessment orders quashed as rate applicable at time of presenting bills prevails u/s 68 of Customs Act, 1962. Refund of additional duty paid under protest allowed. Citing ITC Ltd. case, court held Section 27(2)(a) requires applicant to prove duty/interest claimed as refund was not passed on to prevent unjust enrichment. Petition allowed.

View Source

 


 

You may also like:

  1. Validity of grant of permission to the petitioner’s assessing authority, to re-assess the petitioner - The HC observed that, since, the assessing officer failed to make...

  2. Refund claim - order of assessment in appeal not challenged - The Tribunal acknowledged the appellants' arguments regarding the contractual agreement and the price...

  3. Reopening of assessment u/s 147 against non-existing entity - scheme of the amalgamation and arrangement approved - The High Court acknowledges the petitioner's argument...

  4. Reopening of assessment u/s 147 - Earlier, ITAT remanded the matter back requesting the AO to provide reasons for initiating reassessment proceedings. - AO must have...

  5. Procedure relating to sanction, post-audit and review of refund claims - Guidelines issued to ensure uniformity in issuance of speaking order for refund - Details...

  6. Validity of Reopening of assessment u/s 147 - eligibility of reasons to believe - initiation of reassessment proceedings u/s.147 of the Act, issuance of notice u/s.147...

  7. Once the original reassessment orders u/s 148 were quashed, they ceased to exist legally. The rectification order u/s 154 was premised on the quashed orders, which could...

  8. Refund of Service tax paid - time limitation - The Appellate Tribunal examined the submissions and found that the appellant had self-assessed and paid service tax...

  9. Refund of Cenvat credit - Rule 5 – Power of Additional Commissioner to adjudicate refund claim - AT

  10. The revisional order for assessment proceedings for the financial year 2006-07 was challenged on the grounds of limitation u/s 33 of the TVAT Act, as it was undertaken...

  11. Validity of order of reassessment - in order to invoke jurisdiction u/s 22(1) of the VAT Act or to initiate proceedings for reassessment there must be an order of...

  12. The case concerns the time limit for filing a refund claim of Special Additional Duty (SAD) paid by an importer. The issue is whether the one-year limitation specified...

  13. 100% EOU - Refund of excess self-assessed Excise duty - During the intervening period between the date of no objection certificate by the Central Excise Authorities and...

  14. Refund of excise duty paid erroneously - When the appellant realized that he has paid excess duty thereafter he filed the refund application under Section 11B of the...

  15. Re-assessment of goods / customs duty - Deputy Commissioner has clearly erred in issuing an assessment order under Section 17(5) after the goods were already cleared for...

 

Quick Updates:Latest Updates