1990 (4) TMI 142 - AT - Customs

Appeal partially allowed, claim of Rs. 59,554 rejected, remand for Rs. 6114.28 examination. Delay condoned.

The Tribunal partly allowed the appeal, confirming the rejection of the claim for Rs. 59,554.00 but remanding the matter back to the adjudicating ... Appeal - Condonation of delay Issues:1. Claim for refund of double payment of customs duty and short landing of goods.2. Delay in filing the appeal before the Tribunal and condonation of the delay.Detailed Analysis:Issue 1: Claim for refund of double payment of customs duty and short landing of goodsThe appeal was filed against the rejection of the claim for refund of Rs. 65,668.93 by the appellants, alleging double payment of customs duty and short landing of goods. The appellants imported 422.080 MT of inedible Mutton Tallow. The duty was paid on 26-11-1980 for the entire quantity, but only 339.620 MT was initially discharged due to port disturbance. The remaining 82.500 MT was discharged later, and duty was paid again on 15-1-1981. The claim for refund was rejected as time-barred by the Assistant Collector and upheld by the Collector (Appeals). The Tribunal found the appeal filed late by 53 days and condoned the delay caused by misdirection on the docket of the Order-in-Appeal.The appellants argued that the duty paid on 15-1-1981 was a double payment due to circumstances beyond their control. They contended that the time limit under Sec. 27 of the Customs Act should be computed from the later payment date. However, the department argued that the duty paid on 26-11-1980 was for goods not received, making it the excess payment. The department relied on Supreme Court decisions to support their position, stating that the claim for excess duty paid on 26-11-1980 was time-barred.Regarding the short landing claim, the appellants provided certificates to substantiate the alleged short landing of 8.47 MT. The Tribunal noted that the claim for short landing should be examined on merits, especially if the certificates were issued after 15-1-1981. The Tribunal found the rejection of the short landing claim as time-barred without proper consideration of the certificates unsustainable. Therefore, the matter was remanded back to the adjudicating authority for further examination of the short landing claim.Issue 2: Delay in filing the appeal before the Tribunal and condonation of the delayThe appeal before the Tribunal was filed late, beyond the limitation period. The appellants sought condonation of the delay, attributing it to misdirection on the docket of the Order-in-Appeal. The Tribunal considered the circumstances and condoned the delay, noting that the appellants had filed the appeal within the stipulated period after receiving the correct information.In conclusion, the Tribunal partly allowed the appeal, confirming the rejection of the claim for Rs. 59,554.00 but remanding the matter back to the adjudicating authority for further examination of the claim for Rs. 6114.28 in light of the documents provided by the appellants.