SC: DRT Auction Sale Valid Despite Failure to Serve Order XXI Rule 22 Notice  ||  SC: Legal Representatives Entitled to Motor Accident Compensation without Financial Dependency  ||  SC: Re-Employed Officers May be Classified Differently from Regular Officers  ||  Supreme Court Questions Union's Opposition to Global Food Package Labelling Norms  ||  SC: S.42 NDPS Act Compliance Need Not be Absolute When Immediate Seizure is Required  ||  SC Clarifies Whether Tenancy Ends after Landlord-Tenant Execute Agreement to Sell  ||  SC Levies Rs. 10 Lakh Cost on Reliance Industries for Hindering 20-Year-Old NTPC Suit  ||  P&H HC: Authorities Obligated to Act if Protests Escalate into Violence  ||  Allahabad HC: Allottee Aware of Reduced Lease Area Not Entitled to Full Zero-Period Benefit  ||  Delhi HC: 2015 Commercial Courts Act Applicable to Suits Instituted Before its Enactment    

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