SC: Cheque Dishonour Complaint Can't be Quashed Pre-Trial if Sec 138 NI Act Conditions Met  ||  SC: Personal Hearing Not Required Before Banks Declare Account ‘Fraud’  ||  Supreme Court Faults UCO Bank For Attempt to Stall Employee’s VRS Through Show Cause Notice  ||  SC: PwD Post in Unreserved Category Can be Filled by SC/ST/OBC Candidates With Disabilities  ||  Delhi HC: FSSAI Has No Authority to Regulate Animal Feed  ||  Gauhati HC: Adult Son Pursuing Studies is Not Entitled to Maintenance under Section 125 CrPC  ||  Cal HC Upholds Divorce, Rules False Cases by Wife And 17-Year Separation Constitute Mental Cruelty  ||  Supreme Court: Calling Someone ‘Bastard’ In Heated Exchange Isn’t Obscenity under IPC Section 294  ||  Supreme Court: Even a Single Tainted Public Work Award Violates Article 14  ||  Supreme Court Upholds Lease Cancellation, Denies Relief for Failure to Develop Allotted Land    

Prince Alloys Pvt. Ltd. v. Commissioner of Customs, Cochin - (Customs, Excise and Service Tax Appellate Tribunal) (23 Sep 2016)

Refund application beyond period specified could not be entertained unless refund was a consequence of declaration of provision as unconstitutional

MANU/CB/0130/2016

Customs

Appellant had imported Heavy Melting Steel Scrap. Appellant committed inadvertent mistake and paid excess amount in respect of Bills of Entry. Present appeal is against the impugned order passed by the Commissioner (Appeals) rejecting refund claim of the appellant being barred by time by upholding the Order-in-Original.

Appellant submitted that the excess amount has been paid due to clerical mistake and the same cannot be termed as duty and therefore the limitation period of six months provided under Section 27(1)(b) of the Customs Act, 1962 is not applicable.

Hon'ble Supreme Court in the case of Mafatlal Industries Ltd. and also in the case of Sarita Handa Exports has held that any refund application beyond period specified under Section 11B of the Central Excise Act could not be entertained unless the refund was a consequence of declaration of a provision as unconstitutional. Therefore relying upon the decision of the Hon'ble Supreme Court, it was held that, there is nothing wrong in the impugned order and the refund claim filed by Appellant is time-barred.

Relevant : Section 11B of the Central Excise Act, 1944, Sarita Handa Exports (P) Ltd. vs. Union of India [MANU/PH/4882/2010 ]Mafatlal Industries Ltd. and Ors. vs. Union of India (UOI) and Ors. [MANU/SC/1203/1997 ]

Tags : REFUND   TIME BARRED   GRANT  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved