2007 (6) TMI 393 - AT - Customs

Appellate Tribunal rules in favor of importers on Special Additional Duty issue

The Appellate Tribunal CESTAT, CHENNAI allowed the appeal of the appellants, who imported components for 'Auto Cone Winders' subject to levy of Special ... Refund claim - Special Additional Duty (SAD) - Imposition of Issues involved: Import of components for 'Auto Cone Winders', levy of Special Additional Duty (SAD) under Section 3A of the Customs Tariff Act, claim for refund of SAD, applicability of Section 15(1) of the Customs Act.Summary:The appellants imported components for 'Auto Cone Winders' which arrived at Chennai port and were subject to levy of duties of customs including Special Additional Duty (SAD) under Section 3A of the Customs Tariff Act. Despite filing a claim for refund of SAD, it was rejected by the original authority. The appeal challenging this decision is now before the Appellate Tribunal CESTAT, CHENNAI.Upon examination, the Tribunal noted that the assessment was not provisional and the refund claim was filed without challenging it. The Tribunal observed that the appellants faced unjust circumstances as the vessel carrying the goods was delayed due to a strike, leading to the levy of SAD upon entry inward of the vessel. The Tribunal held that the appellants were not at fault for the delay and should not be liable to pay SAD under such circumstances.The Tribunal emphasized that the law does not compel a person to do the impossible, and in this case, the appellants were unable to avoid the levy of SAD due to circumstances beyond their control. Therefore, the Tribunal allowed the appeal, stating that the appellants are eligible for the refund, subject to verification against unjust enrichment by the original authority.In conclusion, the impugned order was set aside, and the original authority was directed to examine the refund claim in light of unjust enrichment, ensuring compliance with legal procedures and principles of natural justice.