TaxTMI 
TaxTMI 
2022 (9) TMI 956
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....of the Act. 2. Brief facts of the case are that the respondent had imported (having IEC) had filed 14 bills of entry for clearance of goods declared as polished pregnated fabric. These bills of entry were filed during October to December, 2012. As the revenue doubted the value declared by the importer, the goods were provisionally assessed and the respondent deposited the additional duty demanded by Revenue. Sample of goods with regard to each bill of entry was drawn and sent for test to CRCL. Upon receipt of the test report, vide finalisation of assessment being order dated 01.05.2018, the bills of entry were finalised on the basis of test report, thus rejecting the declared value. 3. The respondent preferred appeal against the finalisat....
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....ntry at serial No. 1 to 6 out of the 14 bills of entry. The claim of refund was rejected by the Dy. Commissioner observing that the same is barred by limitation under Section 27 of the Customs Act. 5. Being aggrieved, the respondent preferred appeal before Ld. Commissioner (Appeals) who vide impugned order in appeal observed that in the case of refund arising upon finalisation of provisional assessment, the applicable provision is Section 18 (4) of the Customs Act. It was further observed that sub- section 18(4) requires that assessing authority should allow suo moto refund upon finalisation, without waiting for refund claim from the importer. It was further held that there is no application of Section 27 in the facts of the case. 6. He p....
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....Further, the 2nd proviso under sub-section (1) of Section 27 provides - that the limitation of one year shall not apply where any duty or interest has been paid under protest. 8. Further, Section 27 sub-section (1B) provides - except otherwise provided in the section, the period of limitation of one year shall be computed in the following manner, namely: - clause C provides - where any duty is paid provisionally under Section 18, the limitation of one year shall be computed from the date of adjustment of duty after the final assessment thereof or in case of reassessment, from the date of such reassessment. 9. Revenue further urges that the Adjudicating Authority have rightly rejected the refund as time barred and the Commissioner ....
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....sessed or reassessed, as the case may be, the importer or the exporter of the goods shall pay the deficiency, or otherwise be entitled to a refund, as the case may be. Further, sub-section (4) provides that subject to the provisions of unjust enrichment under sub-section (5), if any refundable amount referred to in clause (a) of subsection (2) is not refunded under that section within three months from the date of assessment of duty finally or reassessment of duty, as the case may be, there shall be paid and interest on such or refunded amount, at such rate fixed by the Central Government under Section 27A on the date of refund of such amount. 11. In view of my aforementioned findings and observations, I hold that there is no application o....