The appellant sought refund of countervailing duty (CVD) paid ...

Importer's claim for CVD refund on 'Natural Gum' imports rejected due to lack of evidence for exemption and time bar.

Case Laws     Customs

October 5, 2024

The appellant sought refund of countervailing duty (CVD) paid while importing goods declared as 'Natural gum in raw form' through Bills of Entry filed during 2011-2014. The key issues were time limitation and unjust enrichment. The CBEC clarification dated 28.06.2007 exempted only 'Gum Arabic' from CVD levy, but the Bills declared the imported goods as 'Natural Gums' without evidence of being 'Natural Gum Arabic'. Thus, the appellant failed to establish eligibility for exemption, and the self-assessed CVD was rightly paid. The refund claim was barred by limitation as the appellant didn't modify self-assessment within the stipulated time. Additionally, the doctrine of unjust enrichment applied as the appellant likely passed on the duty burden to consumers, enriching itself unjustly at their expense. Consequently, the appellant was ineligible for CVD exemption, and the refund claim was rightfully rejected on grounds of limitation and unjust enrichment. The Appellate Tribunal upheld the Commissioner's order dismissing the appeal.

View Source