2007 (1) TMI 488 - AT - Customs

Tribunal Upholds Duty Payment per Assessment Order; Refund Claim Rejected

The Tribunal rejected the application for rectification of mistake regarding a refund claim, citing the Supreme Court's judgment that duty is payable as ... Rectification of mistake application - Refund Issues:Rectification of mistake in the Tribunal's order regarding a refund claim based on assessment order challenge and reversal.Analysis:The application sought rectification of an alleged mistake in the Tribunal's order, referencing a previous case involving identical facts. The appellant had filed a bill of entry, and duty was paid based on the assessment order. Despite being advised to appeal the assessment order, no appeal was filed. The Tribunal's order, dated 28-6-2006, relied on the Supreme Court's judgment in Priya Blue Industries Ltd. v. Commissioner of Customs, stating that without challenging and reversing the assessment order, a refund claim cannot be sustained.On careful consideration, the Tribunal noted the Supreme Court's stance that duty is payable as per the assessment order until it is reviewed or modified through an appeal. The Tribunal differentiated the present case from Karnataka Power Corporation Limited, where the classification issue was formally challenged alongside a refund claim. The Supreme Court highlighted the specific request for re-classification in that case.The Tribunal found no error in applying the Priya Blue Industries Ltd. judgment and emphasized that its decision was subject to further appellate remedies. Consequently, the application for rectification of mistake was rejected. The Tribunal's decision was based on the legal principles established by the Supreme Court and the specific circumstances of the case, affirming the duty payable as per the assessment order until modified through proper channels.