2006 (1) TMI 442 - AT - Customs

Import Duty Refund Dispute: Tribunal Upholds Payment as Duty, Rejects Commissioner's Decision

HERO EXPORTS Versus COMMISSIONER OF CUSTOMS, MUMBAI

HERO EXPORTS Versus COMMISSIONER OF CUSTOMS, MUMBAI - 2006 (202) E.L.T. 479 (Tri. - Mumbai) Issues:1. Refund of duty paid by importer against provisional assessment.2. Interpretation of Section 27 of the Customs Act, 1962.3. Applicability of Section 129A of the Customs Act, 1962.4. Comparison of different judgments on provisional assessment and duty payment.Analysis:1. The appeal in question revolves around the refund of Rs. 12,453 paid by the importer against a provisional assessment. The Assistant Commissioner, Customs, Mumbai had initially sanctioned the refund, but the Commissioner (A) later set aside this order, leading to the importer's appeal.2. The crux of the matter lies in the interpretation of Section 27 of the Customs Act, 1962. The appellant argues that the amount deposited was not towards the payment of duty but as security, anticipating potential fines or penalties for ITC violation. They contend that Section 27 pertains to the refund of duty and interest on assessment orders, which does not cover their situation. Additionally, they claim that their case does not fall under Section 129A(b) of the Customs Act, 1962.3. On the other hand, the Department argues that the duty paid on provisional assessment is indeed considered duty payable on the imported goods. They cite a previous judgment to support their stance, highlighting that without the payment of duty, goods cannot be cleared under Section 47 of the Customs Act. The Department asserts that the amount in deposit is not for further duty payment but can be viewed as a security amount.4. The Tribunal, after thorough consideration, finds that the Commissioner (A) erred in his decision. The Tribunal upholds the order of the Assistant Commissioner of Customs, emphasizing that the duty paid on provisional assessment is indeed considered duty payable on the imported goods. The Tribunal distinguishes the facts of the case from previous judgments and allows the appeal in favor of the importer.This comprehensive analysis delves into the core issues of the judgment, addressing the refund of duty, the interpretation of relevant sections of the Customs Act, and the comparison of different judicial interpretations on provisional assessment and duty payment.