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of <h1>Customs House Agent's refund authority upheld, challenges to Regulations directed to High Court</h1> <h3>COMMR. OF CUSTOMS, COCHIN Versus KINGSWAY TRAVEL AGENCIES PVT. LTD.</h3> The Tribunal upheld the Customs House Agent's authority to file refund claims on behalf of importers, dismissing the Revenue's stay application. It ... Refund claim filed by CHA on behalf of importer - Revenue contended that CHA could not file the refund and rejection as such was proper - Held That:- Regulation 2 of Customs Refund Application (Form) Regulations, 1995 provides for CHA to file refund claim on behalf of importer with proper authorization - Provision of regulation cannot be taken against Section 27; if at all against shall be challenged before the Hon'ble High Court or Supreme Court and not before the Tribunal - Found no merit in appeal - Decided against the Revenue. Issues:1. Revenue's appeal seeking stay against an order setting aside rejection of refund claim by Customs House Agent (CHA) on behalf of importer.2. Interpretation of Customs Refund Application (Form) Regulations, 1995 regarding CHA's authority to file refund claims.3. Justification of rejecting Revenue's stay application.4. Listing of another appeal related to classification issue for final hearing.Analysis:1. The Revenue appealed against the order setting aside the rejection of a refund claim filed by a Customs House Agent (CHA) on behalf of the importer. The Revenue argued that the CHA should not have filed the claim, and the rejection was justified. Additionally, the aspect of unjust enrichment was claimed to be unverified.2. The Tribunal examined Regulation 2 of Customs Refund Application (Form) Regulations, 1995, which permits CHAs to file refund claims on behalf of importers with proper authorization. The Tribunal found that this regulation does not hinder the verification process of refund claims, even if filed by a CHA. The law recognizes CHAs as agents for importers, enabling them to fulfill the importer's obligations in filing refund claims. The Tribunal concluded that this provision does not contradict Section 27 of the Customs Act, 1962. Any challenge to the regulation's validity should be directed to the High Court or Supreme Court, not the Tribunal.3. The Tribunal dismissed the Revenue's stay application, finding no merit in it. The Tribunal emphasized that if the Revenue believes the regulation contradicts Section 27, the challenge should be made to the appropriate courts, not the Tribunal, which is created by statute.4. The respondent's counsel mentioned another Order-in-Appeal where a classification issue was decided by the Commissioner, and the Tribunal had previously denied a stay on the Revenue's appeal related to it. The Tribunal directed the Registry to list both appeals for final hearing as they are interconnected.In conclusion, the Tribunal upheld the CHA's authority to file refund claims on behalf of importers, dismissed the Revenue's stay application, and listed related appeals for final hearing, ensuring a comprehensive and fair resolution of the legal issues involved.
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