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    <title>Tribunal Dismisses Revenue Appeal on Customs Refund Claim; Assessment Finalization Requires Reassessment Under Section 17</title>
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    <description>The HC upheld the Tribunal&#039;s dismissal of the revenue&#039;s appeal concerning the refund claim under the Customs Act, 1962. It was held that the protest marked by the assessee during duty payment signifies non-voluntary payment, preventing finalization of assessment under Section 17 until reassessment proceedings are initiated. The Tribunal&#039;s reliance on this principle was affirmed, reinforcing that the refund application must comply with the one-year limitation from the Supreme Court&#039;s judgment as per Section 27(1B)(b). Additionally, since the respondent claimed interest only after 90 days from refund grant, the revenue&#039;s objection on interest timing was rejected. The HC answered the substantial questions of law against the revenue, confirming the Tribunal&#039;s order and dismissing the appeal.</description>
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    <pubDate>Thu, 07 Aug 2025 07:04:06 +0530</pubDate>
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      <title>Tribunal Dismisses Revenue Appeal on Customs Refund Claim; Assessment Finalization Requires Reassessment Under Section 17</title>
      <link>https://www.taxtmi.com/highlights?id=91339</link>
      <description>The HC upheld the Tribunal&#039;s dismissal of the revenue&#039;s appeal concerning the refund claim under the Customs Act, 1962. It was held that the protest marked by the assessee during duty payment signifies non-voluntary payment, preventing finalization of assessment under Section 17 until reassessment proceedings are initiated. The Tribunal&#039;s reliance on this principle was affirmed, reinforcing that the refund application must comply with the one-year limitation from the Supreme Court&#039;s judgment as per Section 27(1B)(b). Additionally, since the respondent claimed interest only after 90 days from refund grant, the revenue&#039;s objection on interest timing was rejected. The HC answered the substantial questions of law against the revenue, confirming the Tribunal&#039;s order and dismissing the appeal.</description>
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      <pubDate>Thu, 07 Aug 2025 07:04:06 +0530</pubDate>
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