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of <h1>Appeal Granted: Timeframe for Customs Duty Refund Claim Extended</h1> <h3>SANJIVANI NON-FERROUS TRADING PVT. LTD. Versus CC. & CE., GHAZIABAD</h3> SANJIVANI NON-FERROUS TRADING PVT. LTD. Versus CC. & CE., GHAZIABAD - 2012 (284) E.L.T. 559 (Tri. - Del.) Issues:1. Refund claim barred by limitation.2. Interpretation of provisions regarding refund of duty.3. Entitlement to claim refund in case of reassessment.4. Effect of challenging the order of assessment on refund claim.Analysis:1. The appellant imported aluminium scrap and paid excess customs duty, leading to a refund entitlement of Rs. 79,560. The refund application was rejected by lower authorities as time-barred since duty was paid on 6-1-2010, and the refund was filed on 30-7-2010. The appellant argued that the limitation period should start from the date of reassessment order, not the date of duty payment. The Tribunal agreed, stating that the refund claim was filed within six months of the reassessment order, as per the provisions of Rule 2.7(4). The Tribunal emphasized that the limitation period should start from the date of reassessment, not the original duty payment date, to prevent the Revenue from benefiting from its late reassessment action.2. The Tribunal further analyzed the definition of assessment under Section 2(2) of the Customs Act, which includes reassessment. Section 27 allows refund of duty paid based on an assessment order, which encompasses reassessment. Therefore, the duty refund arising from reassessment should be considered as part of the assessment order. Since the refund claim was filed within one month of the reassessment order, the Tribunal concluded that the claim was not time-barred under Section 27.3. Additionally, the Tribunal addressed the issue of entitlement to claim a refund in case the assessment order is under challenge, citing the Supreme Court's decision in the case of Priya Blue. The Tribunal noted that without reassessment, the appellant could not have claimed a refund. As the reassessment was completed within the limitation period, and the refund claim was filed promptly after reassessment, the Tribunal held that the claim was not barred by limitation.4. Considering all the above points, the Tribunal set aside the lower authorities' decision and allowed the appeal, granting consequential relief to the appellant. The Tribunal emphasized the importance of reassessment in determining the refund claim's validity and highlighted that the limitation period should be calculated from the date of reassessment, not the original duty payment date.
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