https://www.taxtmi.com/caselaws?id=120073 Where provisional assessment under the Customs Act is finally completed at a lower duty than was provisionally paid, the importer acquires a statutory right to refund of the excess. That entitlement cannot be denied merely because no separate refund application was filed under Section 27, since requiring a formal claim would undermine the scheme of finalisation under Section 18. The commentary also draws support from the analogous position under erstwhile Rule 9B of the Central Excise Rules, 1944, where excess duty found on finalisation was refundable to the assessee. en-us Fri, 18 Aug 2006 00:00:00 +0530 Mon, 16 Jul 2012 15:54:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=120073 Where provisional assessment under the Customs Act is finally completed at a lower duty than was provisionally paid, the importer acquires a statutory right to refund of the excess. That entitlement cannot be denied merely because no separate refund application was filed under Section 27, since requiring a formal claim would undermine the scheme of finalisation under Section 18. The commentary also draws support from the analogous position under erstwhile Rule 9B of the Central Excise Rules, 1944, where excess duty found on finalisation was refundable to the assessee. Case-Laws Customs Fri, 18 Aug 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=120073