Home Case Index All Cases Customs Customs + AT Customs - 2022 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (3) TMI 1325 - AT - CustomsValuation of export goods - export of goods under duty drawback scheme - enhanced valued declared - rejection of declared value - HELD THAT:- There was an existing dispute with regard to valuation of the exported goods, which is relevant for the purpose of calculation of draw back. The export was allowed under provisional ‘Let Export Order’. Hence, there was an existing dispute (subjudice) between the parties, when the amount of ₹ 18,68,000 was deposited in July, 2013. Accordingly, such deposit ipso facto is in the nature of pre-deposit, which is subject to outcome of the Adjudication Order. Such amount of pre-deposit never becomes time barred, under the provisions of the Act and the same has to be refunded. The impugned order-in-appeal is upheld and the Revenue is directed to disburse the said amount of ₹ 18,68,000/- forthwith within a period of 4 weeks, with interest @ 12% p.a. from the date of deposit till the date of refund - appeal dismissed - decided against Revenue.
|