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Customs authorities erroneously collected excess duty on import of LCD panels despite Tribunal's prior decision against such classification. Refund claim was rejected on procedural grounds of non-furnishing documents, invoking interest liability u/s 27A. Appellant's compulsions were apparent - fastened with duty contrary to Tribunal's decision, deprived of order u/s 17(5) for appellate recourse, not a party to pending Supreme Court appeal, and limitation u/s 27. Refund application within one year was the only option. Rejection on procedural grounds after telescoped haste is invalidated. Order set aside, application restored for enabling appellant to provide deficient documents and fresh consideration as per settled classification law.
Customs authorities erroneously collected excess duty on import of LCD panels despite Tribunal's prior decision against such classification. Refund claim was rejected on procedural grounds of non-furnishing documents, invoking interest liability u/s 27A. Appellant's compulsions were apparent - fastened with duty contrary to Tribunal's decision, deprived of order u/s 17(5) for appellate recourse, not a party to pending Supreme Court appeal, and limitation u/s 27. Refund application within one year was the only option. Rejection on procedural grounds after telescoped haste is invalidated. Order set aside, application restored for enabling appellant to provide deficient documents and fresh consideration as per settled classification law.
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