1991 (7) TMI 73 - HC - Customs

High Court Orders Department Refund with Interest; Precedent Overrides Limitation Defense

RAYMOND WOOLLEN MILLS LTD. Versus UNION OF INDIA

RAYMOND WOOLLEN MILLS LTD. Versus UNION OF INDIA - 1991 (55) E.L.T. 483 (Bom.) Issues:Challenge to decision confirming rejection of refund claim under Customs Act, applicability of Section 27, authority of law for duty recovery, relevance of limitation defense in Article 226 proceedings.Analysis:The petitioners challenged the decision rejecting their refund claim for countervailing duty on imported liquid paraffin, arguing that the claim was wrongly barred under Section 27 of the Customs Act. The Assistant Collector rejected the claim due to a perceived delay in filing, which was upheld by the Appellate Collector and the Ministry of Finance. However, the High Court clarified that the limitation under Section 27 cannot be used as a defense in Article 226 proceedings if the duty recovery was unlawful. It was established that the Department cannot retain duty collected without legal authority, even if the statutory limit has passed.The Department contended that there was no proof of unauthorized duty recovery, citing CEGAT's observation that the petitioners failed to demonstrate the collection was without legal authority. Nevertheless, the petitioners presented evidence that liquid paraffin did not fall under the excisable category for countervailing duty, as confirmed by technical authorities. They also highlighted instances where similar consignments were cleared without such duty, indicating inconsistency in the Department's actions. Moreover, CEGAT and the Gujarat High Court had previously ruled against imposing countervailing duty on liquid paraffin, reinforcing the argument that the duty collection lacked legal basis.Consequently, the High Court ruled in favor of the petitioners, directing the Department to refund the claimed amount within six weeks. Failure to comply would result in the Department paying interest at a rate of 15% per annum on the refund until payment. The judgment emphasized that the Department's failure to refute the petitioners' claims and the established legal precedent against the duty collection warranted the refund, overriding the limitation defense invoked by the authorities.This comprehensive analysis of the judgment highlights the key legal issues, arguments presented by both parties, and the court's reasoning in reaching its decision regarding the refund claim under the Customs Act.