TMI Blog2023 (5) TMI 306X X X X Extracts X X X X X X X X Extracts X X X X ..... sion deals with provisional assessment of duty. Sub-section (2) of Section 18 deals with the actions to be taken on finalization of such provisional assessment. The provisions under sub-section (2) of Section 18 of Customs Act, 1962 provide for 2 situations. One situation is when the provisionally assessed duty is less than the finally assessed duty. That situation is not present in the case on hand. The other provision is about the action to be taken when provisionally assessed duty is higher than finally assessed duty. These provisions are applicable in the present case. The same sub-section (2) has provided that when the provisionally assessed duty is higher than the finally assessed duty then the original authority has two options. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 05.03.2019 and the original authority has come to a conclusion that the appellant had excess paid Rs. 97,34,967/-. Out of the said amount the appellant had availed input tax credit for Rs. 84,74,852/-, therefore, the excess paid customs duty and social welfare surcharge worked out to Rs. 12,60,116/-. The original authority examined the issue of refund of said amount of Rs. 12,60,116/- and held that the certificate issued by the Chartered Accountant did not satisfy that the burden of duty has not been passed on third party and therefore, rejected the refund of amount of Rs. 12,60,116/-. The appellant preferred appeal against the said Order-in-Original dated 05.03.2019 before learned Commissioner (Appeals). The learned Commissioner (Appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provide for 2 situations. One situation is when the provisionally assessed duty is less than the finally assessed duty. That situation is not present in the case on hand. The other provision is about the action to be taken when provisionally assessed duty is higher than finally assessed duty. These provisions are applicable in the present case. The same sub-section (2) has provided that when the provisionally assessed duty is higher than the finally assessed duty then the original authority has two options. One is either to credit such refundable amount to consumer welfare fund when duty burden has not been borne solely by the importer and the other situation is that if it is establish that the importer has not passed on the incidence of s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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