Provisional assessment limitation runs from finalisation date, with valuation and classification treated as one integrated process.

Refund limitation in provisional assessment cases runs from the date duty is adjusted on finalisation, because provisional assessment is treated as an integrated process for all purposes. The Tribunal held that valuation and classification cannot be separated when determining limitation for a refund claim, and rejected the argument that provisional assessment confined to valuation would not cover refund based on rate of duty or classification. Applying the majority view in the cited precedent, it concluded that the refund claims were not time-barred and the assessee was entitled to refund.

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Issues: Whether the refund claims were barred by limitation where the duty on the goods had been paid under provisional assessment and the assessment was treated as provisional for all purposes.

Analysis: The Tribunal applied the principle that, in cases of provisional assessment, the relevant date for limitation is the date of adjustment of duty after finalisation of the assessment. It relied on the view that provisional assessment is an integrated process and cannot be compartmentalised by separating valuation from classification for the purpose of refund limitation. The Tribunal followed the majority view in the cited precedent and rejected the contention that provisional assessment limited to valuation would not extend to a refund claim based on rate of duty or classification.

Conclusion: The refund claims were not time-barred, and the assessee was entitled to refund.

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