2008 (6) TMI 497 - AT - Customs

Tribunal affirms refund for Respondents under Customs Act, 1962

The Tribunal upheld the Commissioner (Appeals) decision to allow the refund claim, finding that the excess duty was paid due to a mistake in declaring the ... Refund - Non-challenge of assessment order/Bill of entry Issues:- Appeal against the order of Commissioner (Appeals) regarding refund and undue enrichment.Analysis:The Revenue filed an appeal against the order of the Commissioner (Appeals) where the refund was allowed subject to verification of undue enrichment. The Adjudicating Authority had rejected the refund claim based on the respondents not challenging the Bill of Entry before the Appellate Authority, citing a decision of the Hon'ble Supreme Court. However, the Commissioner (Appeals) allowed the refund claim, noting that excess duty was paid due to a mistake in declaring the value of goods. The Commissioner (Appeals) found that the document supporting the correct value was on record at the time of assessment, fulfilling the requirement of Section 149 of the Customs Act, 1962.The learned DR relied on a Supreme Court decision where duty was paid under protest and a refund claim was filed without appealing against the Bill of Entry. In the present case, the Respondents mistakenly declared a higher value for the goods, which was deemed a mistake apparent from the record and rectifiable under Section 149 of the Customs Act, 1962. The Tribunal found no merit in the Revenue's appeal and rejected it, upholding the decision of the Commissioner (Appeals) to allow the refund. The order was dictated and pronounced in open court, finalizing the decision on the matter.