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Customs - Highlights / Catch Notes

Home Highlights January 2025 Year 2025 This

The CESTAT upheld the remand order for reconsideration of refund ...


Refund claims of CVD remanded for reconsideration, strict compliance with procedures mandated.

January 18, 2025

Case Laws     Customs     AT

The CESTAT upheld the remand order for reconsideration of refund claims of CVD paid by respondents. While refund of duty collected without authority of law is permissible, it must be claimed as per the Act. Mere non-uploading of a notification cannot automatically entitle refund without challenging the original assessment orders. Procedural fairness and adherence to natural justice are paramount. The matter is remanded to the Original Authority, leaving all issues open for reconsideration.

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