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PNP Polytex Pvt. Ltd. Versus Commissioner of Customs (Imports) Nhava Sheva

2016 (9) TMI 24 - CESTAT MUMBAI

Withholding of Refund of custom duty paid under protest – Board’s Circular No. 572/9/2001-CX dt.22.02.2001 as amended by 695/11/2003-CX dt. 24.2.2003 - re-assessment of the bill of entry – Held that: - when the order confirming the duty has been set .....

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r by the High Court / Supreme Court, refund cannot be withholded – refund to be made. - C/86536/2013 - M/88876/16/CB - Dated:- 11-7-2016 - Shri Ramesh Nair, Member (Judicial) and Shri Raju, Member (Technical) Applicant Appellant - Represented by: Ms. .....

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this Tribunal. As per the Final Order No.A-116/13/CSTB/C-I dt. 14.5.2013, this Tribunal set aside the order of the Commissioner (Appeals) and allowed the appeal of the appellant. The applicant by way of this miscellaneous application sought an order .....

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he applicant concedes that bank guarantee has already been returned by the department therefore the prayer to that extent need not to be considered. As regard consequential refund of ₹ 1,94,05,594/-. She submits that the refund is consequential .....

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ce of this Tribunal for directing the department for granting the refund to the applicant. 3. Shri Kamal Puggal, Ld. Assistant Commissioner (A.R.) appearing on behalf of the Revenue, as regard refund, he produced letter dt. 8.7.2016 issued by the Ass .....

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will be processed. 4. We have carefully considered the submissions made by both the sides. We find that this Tribunal has passed order on 14.5.2013 and almost more than three years have passed. The Revenue has not obtained any stay as per Board s Ci .....

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