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2011 (7) TMI 678 - HC - CustomsRefund - Classification - Notification No.04/2006 - Held that: the appellant, on payment of the assessed amount, removed the imported goods on 20th December, 2007; however, on 27th December, 2007 the appellant lodged protest before the Assistant Commissioner of Customs complaining realisation of excess amount of duty - it is a fit case where the orders passed by all the authorities below should be set aside and the Assistant Commissioner of Customs should be asked to pass specific order on the basis of complaint lodged by the appellant in terms of sub-Section 5 of Section 17 of the Act within one month from the date of communication of this order giving an opportunity of hearing to the appellant - Decided in favor of the assessee
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