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2020 (7) TMI 269 - AT - CustomsRefund of excess Custom Duty paid through DEPB scrip - finalization of provisional assessment - part amount was withheld on the ground that the same was paid by the appellant from the DEPB Scrip and hence not refundable - section 27(1) of the Customs Act, 1962 - HELD THAT:- The CBEC Circular dt.29.04.2013, solely relied upon by the learned Commissioner (Appeals), for denying the refund, has been declared ultra vires by the Hon’ble Delhi High Court in the case of ALLEN DIESELS INDIA PVT. LTD. VERSUS UNION OF INDIA & ORS. [2016 (2) TMI 247 - DELHI HIGH COURT] and the Hon’ble Madras High Court in the case of M/S ENTERPRISES INTERNATIONAL LTD. VERSUS THE ASSISTANT COMMISSIONER OF CUSTOMS (EXPORTS) , THE DEPUTY COMMISSIONER OF CUSTOMS (REFUNDS) [2016 (10) TMI 24 - MADRAS HIGH COURT] - Besides, the Hon’ble Calcutta High Court in the case of M/S. RONAK OPTIK INDIA & ANR. VERSUS UNION OF INDIA & ORS. [2012 (9) TMI 992 - CALCUTTA HIGH COURT], have categorically held, that where an assessee is entitled in law to refund of tax paid, it is immaterial whether the payment is in cash or by debit of DEPB, and that the right to refund is not lost by reason of the DEPB scheme. The appellant is entitled to refund of the balance amount of ₹ 43,95,212/- which was paid from the DEPB scrip - Appeal allowed - decided in favor of appellant.
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