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of <h1>Court Restores Appeal, Dismisses SAD Refund Challenge, Cites Limitation Grounds as Unsustainable.</h1> <h3>Commissioner Of Customs, New Delhi, Import Versus Nanak Electronics Pvt. Ltd</h3> Commissioner Of Customs, New Delhi, Import Versus Nanak Electronics Pvt. Ltd - 2023 (385) E.L.T. 863 (Del.) Issues:1. Application seeking recall of an order2. Applicability of time period to claim refund of Special Additional Duty of Customs (SAD)Recall of Order Application:The appellant filed an application seeking the recall of an order dated 21.11.2022, passed by the Court. The appellant argued that the issue involved in the present appeal was similar to a previous case, CUSAA 20/21. A Co-ordinate Bench had set aside the impugned order and directed that the directions passed in the judgment dated 28.03.2022 in CUSAA 20/2021 would apply mutatis mutandis to the present appeal. However, the Court found that the issues involved were not similar to those in the case of Commissioner of Customs v. Kunal Lalani. Consequently, the order dated 21.11.2022 was recalled, and the appeal was restored to its position as of that date. The application was disposed of accordingly.Applicability of Time Period for SAD Refund:The principal issue in this appeal was the applicability of the time period to claim a refund of Special Additional Duty of Customs (SAD) on goods imported under Notification No. 102/2007-CUS. The respondent's refund claim was rejected by the Adjudicating Authority, leading to an appeal before the Commissioner of Customs (Appeals), New Delhi. The Commissioner of Customs (Appeals) allowed the appeal based on a judgment by the Court in Sony India Pvt. Ltd. v. Commissioner of Customs. The appellant challenged this decision, but the CESTAT upheld the appeal. The CESTAT's decision was based on the Court's ruling in M/s. Sony India Pvt. Ltd. v. Commissioner of Customs, where the rejection of SAD refund on the grounds of limitation was deemed unsustainable. The appellant's counsel highlighted that the Customs Authorities' Special Leave Petition was dismissed by the Supreme Court due to delay, leaving the question of law open. Additionally, the Bombay High Court's decision in CMS Infosystem Ltd. v. Union of India presented a contradictory view. The Court noted that in various cases, appeals by Customs Authorities were dismissed in light of the decision in Sony India Pvt. Ltd. v. Commissioner of Customs. The Court held that the present appeal should meet a similar fate and accordingly dismissed the appeal, along with all pending applications.This detailed analysis of the judgment covers the issues of the recall of an order and the applicability of the time period for claiming a refund of Special Additional Duty of Customs comprehensively.
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