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2022 (9) TMI 956 - CESTAT NEW DELHIRefund claim - amount paid at the time of provisional assessment - amount is found to be paid in excess on finalisation of the assessment is refundable under the provisions of section 18 for sub-section (4) of the Act - principles of unjust enrichment - HELD THAT:- The provisions of provisional assessment as given in Section 18 of the Act, is a self complete code. It provides for the conditions in which provisional assessment shall be made and further provides that pursuant to the provisional assessment, if any, document or information as required by the proper officer for final assessment, the importer exporter, shall submit such document or information within such time as the proper officer shall require. Further, sub-section (2) of Section 18 provides when duty leviable on such goods is assessed finally or reassessed by the proper officer, then – the amount paid shall be adjusted against the duty finally assessed or reassessed, as the case may be, and if the amount so paid is short of the duty finally assessed or reassessed, as the case may be, the importer or the exporter of the goods shall pay the deficiency, or otherwise be entitled to a refund, as the case may be. There is no application of Section 27 for refund arising upon finalisation of the provisional assessment. Further the refund is payable to the appellant - assessee with interest as per sub-section 4 of Section 18, subject to the test of unjust enrichment as required under sub-section 5. Refund allowed - the importer respondent is entitled to interest at the prescribed rate as per Section 18(4) read with Section 27A of the Act - appeal dismissed - decided against Revenue.
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