1999 (1) TMI 168 - AT - Customs

Commissioner's Appeal Upheld: Duty Refund Granted for Steel Coils

The appeal was made by the Commissioner against the Collector (Appeals) decision granting duty refund on hot rolled steel coils. The Collector (Appeals) ... Provisional Assessment - Refund - Precedent Issues:1. Appeal against the order of the Collector (Appeals) granting duty refund on imported hot rolled steel coils.2. Challenge regarding the refund applications being barred by limitation or premature.3. Contention on provisional assessment and classification of goods.4. Application of the judgment in Solar Pesticides India Ltd. v. U.O.I.5. Cross-objection seeking interest on refund payment.Analysis:1. The appeal was made by the Commissioner against the Collector (Appeals) decision granting the importer a duty refund on hot rolled steel coils. The Assistant Collector had initially ruled some refund applications as barred by limitation or premature, but the Collector (Appeals) overturned this decision. The Collector (Appeals) found that the claims were not barred by limitation, and the duty refund should be paid to the importer, which was challenged in the appeal.2. The issue of whether the assessment was provisional was raised, with the department arguing that the claim was premature until finalization. The Collector (Appeals) clarified that the duty was paid provisionally under court orders, not under Section 18 of the Act. The court's order ended when the classification favored the importer or was decided by the Collector (Appeals), making the claim valid. The decision was upheld as there was no reason to interfere.3. The department representative referred to the judgment in Solar Pesticides India Ltd. v. U.O.I., which was under appeal to the Supreme Court. Despite the pending appeal, the operation of the Bombay High Court's order was not stayed, making the judgment binding. Thus, the judgment was applied in the case.4. The importer filed a cross-objection seeking interest on the refund payment at market rates. However, at the time of the Collector (Appeals) order, there was no provision for such payment. The cross-objection was dismissed on this ground, but the possibility of interest payment was left open for consideration under Section 27A of the Act if applicable.5. In conclusion, the appeal and cross-objection were both dismissed, maintaining the decision of the Collector (Appeals) to grant the duty refund on the imported steel coils.