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of <h1>Tribunal rules time limits for refund claims cannot be imposed through notifications, setting new precedent</h1> <h3>M/s. Artex Textile Private Limited Versus Commissioner of Customs, ICD Tughlakabad (Import), New Delhi</h3> M/s. Artex Textile Private Limited Versus Commissioner of Customs, ICD Tughlakabad (Import), New Delhi - TMI Issues:1. Refund claim of SAD under Notification No.02/2007-Cus rejected based on time limitation.2. Applicability of time limit for filing refund claim under Notification No.93/2008.3. Interpretation of statutory provisions and judicial precedents regarding time limits for refund claims.Issue 1: Refund claim of SAD under Notification No.02/2007-Cus rejected based on time limitation:The appellant imported fabrics and sought a refund of Special Additional Duty (SAD) paid on 9 consignments. The claim was found time-barred by the Original Adjudicating Authority under Notification No.93/2008, which amended Notification No.02/2007-Cus. The Commissioner (Appeals) upheld the rejection, leading to the appeal before the Tribunal.Issue 2: Applicability of time limit for filing refund claim under Notification No.93/2008:The appellant relied on the decision in Sony India Pvt. Ltd. vs. Commissioner of Customs, New Delhi, arguing that the time limit prescribed in Notification No.93/2008 should not apply. The Tribunal discussed conflicting views on this issue, citing cases where the time limit was enforced for filing refund claims of SAD under similar notifications.Issue 3: Interpretation of statutory provisions and judicial precedents regarding time limits for refund claims:The Tribunal analyzed the legal position, noting the amendment in Notification No.93/2008 imposing a one-year time limit for refund claims. Despite precedents upholding the time limit, the appellant cited recent judgments, including Commissioner of Customs vs. Thermoking, where the High Court held that limitations cannot be imposed through notifications. Ultimately, the Tribunal followed the recent decision in Thermoking, setting aside the order and allowing the appeal based on the principle that the refund of SAD cannot be rejected on the grounds of limitation.In conclusion, the Tribunal overturned the rejection of the refund claim of SAD under Notification No.02/2007-Cus based on time limitation, emphasizing the recent judicial stance that limitations cannot be imposed through notifications. The decision highlights the evolving interpretation of statutory provisions and judicial precedents regarding time limits for refund claims, ultimately favoring the appellant's position in this case.
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