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of <h1>High Court sets aside orders, directs refund application processing for SAD. Limitations must align with statutory provisions.</h1> <h3>Premier Timber And Trading Pvt. Ltd. Versus Pr. Commissioner Customs Import</h3> Premier Timber And Trading Pvt. Ltd. Versus Pr. Commissioner Customs Import - TMI Issues:Application of limitation vis-Ã -vis refund sought qua Special Additional Duty of Customs (SAD).Analysis:The High Court addressed the issue concerning the application of limitation regarding a refund sought for Special Additional Duty of Customs (SAD). The respondent/revenue, represented by Mr. Vaibhav Joshi, cited previous judgments by the court, including those in Sony India Pvt. Ltd v. Commissioner of Customs, New Delhi, and Commissioner of Customs (Import) v. Wilhelm Textiles India Pvt. Ltd. These judgments were followed and applied in subsequent cases, establishing a legal precedent. The court noted that the authorities below attempted to distinguish the Sony India Pvt. Ltd. judgment based on the period involved and amendments to relevant notifications, but the court found this reasoning flawed. The court emphasized that limitation cannot be prescribed by a notification and cited relevant provisions of the Customs Act in support of this position.The court referenced Circular No. 6/2008 and Notification No. 93/2008, which introduced a one-year limitation period for filing refund claims. However, the court highlighted that this limitation period was not originally part of the statute and was introduced through circulars and notifications, which, in the court's view, could not prevail over the statutory provisions. The court agreed with the interpretation in the Sony India Pvt. Ltd. case, which clarified that the imposition of a limitation period through a notification without statutory amendment was not valid. Consequently, the court allowed the appeal, setting aside the impugned orders and directing the respondent to process the refund application in accordance with the decision in the present appeal.The court concluded by stating that if the respondent/revenue chooses to appeal and have it tagged with the Wilhelm Textiles case, the final decision will abide by the Supreme Court's ruling in that appeal. The appeal was disposed of based on the above findings and directions, providing clarity on the application of limitation in refund cases related to Special Additional Duty of Customs (SAD).
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