SC: Public Premises Act Prevails over State Rent Laws For Evicting Unauthorised Occupants  ||  SC: Doctors Were Unwavering Heroes in COVID-19, and Their Sacrifice Remains Indelible  ||  SC Sets Up Secondary Medical Board to Assess Passive Euthanasia Plea of Man in Vegetative State  ||  NCLAT: Amounts Listed As ‘Other Advances’ in Company’s Balance Sheet aren’t Financial Debt under IBC  ||  NCLT Ahmedabad: Objections to Coc Cannot Bar RP From Challenging Preferential Transactions  ||  J&K&L HC: Courts Should Exercise Caution When Granting Interim Relief in Public Infrastructure Cases  ||  Bombay HC: SARFAESI Sale Invalid if Sale Certificate is Not Issued Prior to IBC Moratorium  ||  Supreme Court: Police May Freeze Bank Accounts under S.102 CrPC in Prevention of Corruption Cases  ||  SC: Arbitrator’s Mandate Ends on Time Expiry; Substituted Arbitrator Must Continue After Extension  ||  SC: Woman May Move Her Department’s ICC For Harassment by Employee of Another Workplace    

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 2025 - All Rights Reserved