1980 (3) TMI 92 - HC - Customs

Court allows refund of excess customs duty for synthetic diamond tools importer despite delayed 'End Use Certificate'.

The Court allowed the writ petition filed by a synthetic diamond tools manufacturer seeking a refund of excess customs duty paid on imported synthetic ... End Use Certificate - Refund - `End Use Certificate' Issues:1. Refund of excess customs duty paid on synthetic diamond grits.2. Requirement of executing a bond at the time of importation.3. Production of 'End Use Certificate' for claiming concessional rate and refund.Analysis:1. The petitioner, a manufacturer of synthetic diamond tools, imported synthetic diamond grits for the manufacture of grinding wheels. The petitioner paid full duty on the imported material but later sought a refund based on a notification exempting certain materials from customs duty if used for specific purposes. The Assistant Collector of Customs rejected the refund claim due to lack of necessary documents proving the material's use. Subsequent appeals were also dismissed on similar grounds. The Government of India rejected the revision petition citing failure to execute a bond at the time of importation and lack of proper certificates. However, the delay in producing the 'End Use Certificate' was attributed to administrative delays beyond the petitioner's control.2. The Court noted that the Assistant Collector did not mention several grounds for rejection, and it was established that the imported material was synthetic diamond grits. The delay in obtaining the 'End Use Certificate' was deemed genuine, caused by bureaucratic delays. The Court emphasized that the right to a lower customs tariff arises from actual use in manufacturing, and the certificate serves as evidence, not a precondition. Drawing a parallel with sales tax matters, the Court held that the certificate's non-production at the time of the refund application should not disqualify the petitioner.3. Regarding the requirement of executing a bond at the time of importation, the Court reasoned that the bond ensures the material's intended use and eligibility for concessional rates. However, if the importer pays full duty upfront and later proves the material's use, the bond requirement is not mandatory. The Court held that the petitioner's payment of full duty initially did not necessitate executing a bond. The Court directed the authorities to reconsider the quantity covered by the 'End Use Certificate' and determine the refund eligibility accordingly.4. Consequently, the Court allowed the writ petition, setting aside the Government's order and remitting the matter for reconsideration based on the Court's observations. The petitioner was instructed to provide necessary material to support the refund claim. No costs were awarded in the judgment.