https://www.taxtmi.com/caselaws?id=45669 Final customs assessment was treated as binding, and recovery of alleged short levy had to be initiated only through section 39 of the Sea Customs Act within three months of the relevant date. After that period, the Customs authorities could not reopen the assessment or sustain a time-barred demand. A refund claim made within time under section 40 was not defeated by limitation, especially where the refund had later been ascertained by the department itself. Set-off of an invalid short-levy demand against the lawful refund was therefore impermissible, and the withheld amount remained payable to the petitioners. en-us Sat, 06 Jul 1963 00:00:00 +0530 Tue, 13 Jul 2010 11:37:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=45669 Final customs assessment was treated as binding, and recovery of alleged short levy had to be initiated only through section 39 of the Sea Customs Act within three months of the relevant date. After that period, the Customs authorities could not reopen the assessment or sustain a time-barred demand. A refund claim made within time under section 40 was not defeated by limitation, especially where the refund had later been ascertained by the department itself. Set-off of an invalid short-levy demand against the lawful refund was therefore impermissible, and the withheld amount remained payable to the petitioners. Case-Laws Customs Sat, 06 Jul 1963 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=45669