Revenue deposit characterisation keeps excess payment refund outside ordinary limitation for duty refunds.

Excess payment made pursuant to an audit objection was treated as a revenue deposit because the amount was later found to exceed the actual liability worked out by the department. On that characterisation, the refund claim was not governed by the ordinary limitation period applicable to duty refunds. The text states that the refund was therefore not time-barred and that the assessee was entitled to refund of the excess amount with interest as directed.

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Issues: Whether the excess amount paid by the assessee was a revenue deposit so as to make the refund claim immune from limitation.

Analysis: The excess amount was paid pursuant to an audit objection and was later found to have been paid in excess of the actual liability as worked out by the department. On that basis, the amount retained the character of a revenue deposit rather than duty finally payable. A refund of such deposit is not governed by the ordinary period of limitation applicable to duty refunds.

Conclusion: The refund claim was not barred by limitation and the assessee was entitled to refund of the excess amount with interest as directed.

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