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of <h1>Tribunal Upholds Refund Claim Despite Procedural Lapse</h1> <h3>COMMR. OF CUS. (AIRPORT), CHENNAI Versus REGIONAL EXECUTIVE DIR. AIRPORT AUTHORITY OF INDIA</h3> COMMR. OF CUS. (AIRPORT), CHENNAI Versus REGIONAL EXECUTIVE DIR. AIRPORT AUTHORITY OF INDIA - 2007 (217) E.L.T. 298 (Tri. - Chennai) Issues:The appeal involves the issue of whether a refund claim for concessional rate of duty under a Customs Notification can be allowed when the required certificate was produced after clearance of the goods.Summary:The case pertains to an appeal by the department regarding a refund claim made by the Airports Authority of India for concessional duty rates under a Customs Notification. The goods in question were Ceramic Tubes (Thyratron Valves) imported as spare parts for Airport Radar and Navigational system. The original authority rejected the refund claim as the required certificate was not produced at the time of clearance. However, the Commissioner (Appeals) allowed the claim, considering the certificate produced subsequently as valid. The Revenue appealed this decision.The department argued that the certificate should have been obtained before clearance of the goods, citing precedent cases. Despite no representation from the respondents, the Tribunal upheld the appellate Commissioner's decision to condone the procedural lapse. It was noted that the certificate was obtained later for administrative reasons and was in conformity with the Notification's conditions. The Tribunal referenced previous judgments where similar procedural lapses were condoned, emphasizing the non-substantive nature of the issue.In line with the legal precedents and considering the procedural nature of the lapse, the Tribunal upheld the appellate order and dismissed the appeal. The decision was based on the principle that procedural conditions under exemption Notifications are condonable, unlike substantive conditions.Therefore, the Tribunal sustained the impugned order, highlighting the importance of procedural compliance in such cases.
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