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of <h1>Refund claim requires challenging final assessment order. Distinction between refund and appeal proceedings emphasized.</h1> <h3>COMMISSIONER OF CUSTOMS Versus M/s TTK PRESTIGE LIMITED</h3> COMMISSIONER OF CUSTOMS Versus M/s TTK PRESTIGE LIMITED - 2021 (376) E.L.T. 441 (Kar.) Issues:1. Entitlement to claim refund without challenging the order of assessment.2. Interpretation of Notification No.10 of 2006 regarding customs duty exemption.Entitlement to claim refund without challenging the order of assessment:The case involved an appeal under Section 130 of the Customs Act, 1962, where the revenue challenged the Tribunal's decision granting a refund claim made by the respondent without challenging the original order of assessment. The revenue contended that the Tribunal erred in relying on Notification No.10/2006 dated 01.03.2006. The issue for consideration was whether the respondent could claim a refund without challenging the final assessment order. The Supreme Court precedents highlighted that a refund claim cannot be entertained if the assessment order stands final and unchallenged. Refund proceedings are distinct from appeal proceedings, and the officer considering the refund claim cannot review or modify the assessment order. The Court emphasized that a person must challenge the assessment order to claim a refund. As the respondent did not challenge the assessment order, the Tribunal's decision was deemed contrary to established law, leading to the quashing of the Tribunal's order.Interpretation of Notification No.10 of 2006 regarding customs duty exemption:The Tribunal's reliance on Notification No.10/2006 for granting relief to the respondent was deemed irrelevant by the Court. Despite the exemption provided under Entry No.4 of the Tariff Notification, the respondent was obligated to pay customs duty as assessed unless the assessment order was challenged. The Court reiterated that without challenging the assessment order, the respondent could not avail the benefit of a refund. Consequently, the substantial question of law was answered in favor of the revenue, leading to the quashing of the Tribunal's order. The appeal was allowed, and the impugned order dated 06.09.2017 was set aside.In conclusion, the judgment emphasized the importance of challenging assessment orders to claim refunds and clarified that the benefit of exemptions cannot be availed without disputing the assessment. The Court's decision highlighted the necessity of adhering to legal procedures and established principles while seeking refunds under customs laws.
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