2014 (6) TMI 897 - HC - Customs

Deposited amount can be refunded pre-adjudication of show-cause notice for re-determination of assessable value

The Bombay HC held that the deposited amount can be refunded before adjudication of the show cause notice for re-determination of assessable value. The ... Cash refund of pre deposit made by making debit in CENVAT Credit register - Tribunal allowed the cash refund - appeal admitted on the following substantial question of law:- Whether the amount voluntarily deposited during the course of investigation against the duty short paid on account of gross undervaluation and suppression of actual transaction value can be ordered to be refunded when the show cause notice for rejecting the nominal value and re-determination of appropriate assessable value is yet to be adjudicated? The Bombay High Court admitted an appeal regarding the refund of voluntarily deposited amount during a customs investigation. The substantial question of law is whether the amount can be refunded before adjudication of the show cause notice for re-determination of assessable value. The respondent waived service.