2016 (6) TMI 148

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.... Chandra Jena, ADC (AR) ORDER Learned counsel for appellant says that duty was payable on the declared value, which was transaction value and that was Rs. 90,31,865/-.But Customs enhanced the transaction value for no reason and determined the duty liability at Rs. 96,59,079/-. Against the declared value, duty liability, was discharged by the appellant using the DEPB scrips to the extent of R....

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....Rs. 6,27,213/- was not paid in cash but by discharge of DEPB scrips to the extent of Rs. 5,86,485/- and cash of Rs. 40,728/-.Accordingly, Department ordered that refund of Rs. 40,728/- was only payable to appellant. In the mean time, the appellant has already taken credit of Rs. 4,60,225/- as Cenvat credit since Rs. 6,27,213/- was discharged in cash as Customs duty liability. Accordingly, the refu....

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....nd rest in cash, it has already taken credit of Rs. 4,60,225/- as Cenvat credit. Once such proposition is accepted there arises a refund of Rs. 1,66,990/- which was paid in cash as part of Rs. 6,27,213/- earlier paid towards duty liability. At this juncture, learned counsel says that there is no formula in the Customs law to reduce the refund by any proportion, adjusting duty liability arbitrarily....