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Synergy Steels Ltd.-vs-Commissioner of Customs, Jaipur-2023-juristway.com-841-CESTAT(Delhi)-Customs
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2023-juristway.com-841-CESTAT(Delhi)-CustomsSynergy Steels Ltd. v Commissioner of Customs
✓ Good Law1 Judge Bench
Treatment
2023-juristway.com-841-CESTAT(Delhi)-Customs

Synergy Steels Ltd.

versus

Commissioner of Customs, Jaipur

Court - Bench
Customs, Excise and Service Tax Appellate Tribunal - Delhi
Date of Judgment
02 May 2023
Judges
Hon'ble Member (Judicial) Ms. Binu Tamta
Case Number
Customs Appeal No. 51760 of 2023, Order No.- Final Order No. 50583/2023
Advocate (Petitioner)
Sh. Mohit Gohlyan, Chartered Accountant
Advocate (Respondent)
Sh. Gopi Raman, Authorised Representative
Quick ref
Takeaway

The appellant filed a refund claim for excess duty paid beyond one year from the date of reassessment. However, the court held that the authorities were obligated to refund the excess amount recovered from the appellant based on the reassessment. The court cited a judgment stating that the production of an assessment order is not necessary for claiming a refund under Section 27 of the Customs Act. The date of the refund claim was considered to be the date when the prayer for reassessment and refund was made. The appellant had paid the excess amount due to an error in the EDI system, and the authorities were duty-bound to refund the ascertained amount. The authorities' decision that the refund claim was time-barred was deemed incorrect. As a result, the appeal was allowed.

Digest & Analysis
Litigation Digest

The appellant filed a refund claim for excess duty paid beyond one year from the date of reassessment. However, the court held that the authorities were obligated to refund the excess amount recovered from the appellant based on the reassessment. The court cited a judgment stating that the production of an assessment order is not necessary for claiming a refund under Section 27 of the Customs Act. The date of the refund claim was considered to be the date when the prayer for reassessment and refund was made. The appellant had paid the excess amount due to an error in the EDI system, and the authorities were duty-bound to refund the ascertained amount. The authorities' decision that the refund claim was time-barred was deemed incorrect. As a result, the appeal was allowed.

Full Text
Judgment & Order
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