2009 (9) TMI 41 - DELHI HIGH COURT

Refund of excess duty paid – held that - the refund claim of the appellant was maintainable under Section 27 of the Customs Act and the non-filing of the appeal against the assessed bill of entry does not deprive the appellant to file its claim for refund under Section 27 of the Customs Act, 1962 and which claim will fall under clause (ii) of sub section (1) of Section 27 – Decision of CESTAT set aside