Incomplete BIS testing cannot justify reclassification or confiscatory action; declared customs classification restored and enhanced redemption fine s...
Refund Claim: The appellant had inadvertently paid excess excise duty for the months of February and March 2013 while clearing goods from the factory to institutional buyers. Although new evidence is generally not permitted at the appellate stage, the Tribunal accepted the Chartered Accountant's statement and reconciliation sheet as these were department-prescribed documents for sanctioning refunds. The Tribunal observed that since the buyers had agreed to a pre-determined cum-duty price, the chances of passing on the excess excise duty were remote. Denying substantive benefits on technical grounds needs to be avoided. The Original Authority was directed to reconsider the refund claim after examining all documents submitted by the appellant.
Refund Claim: The appellant had inadvertently paid excess excise duty for the months of February and March 2013 while clearing goods from the factory to institutional buyers. Although new evidence is generally not permitted at the appellate stage, the Tribunal accepted the Chartered Accountant's statement and reconciliation sheet as these were department-prescribed documents for sanctioning refunds. The Tribunal observed that since the buyers had agreed to a pre-determined cum-duty price, the chances of passing on the excess excise duty were remote. Denying substantive benefits on technical grounds needs to be avoided. The Original Authority was directed to reconsider the refund claim after examining all documents submitted by the appellant.
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